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Reassess the arbitrability of antitrust disputes in China

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posted on 2023-06-10, 02:56 authored by Qingxiu BuQingxiu Bu
Given the lack of clarity under Chinese law, a long-standing question remains uncertain as to whether an arbitration clause in the contract could exclude the court's inherent jurisdiction to hear an antitrust dispute. In the Crosshairs is public policy debate. China's Supreme People's Court (SPC) has made two landmark judgments, which have, however, left scope for ambiguity. It is argued that the SPC should play a more proactive role and provide more clarity. Doing so would help China integrate into the established international track in the transnational dispute resolution mechanism.

History

Publication status

  • Published

File Version

  • Published version

Journal

Transnational Dispute Management

ISSN

1875-4120

Publisher

MARIS

Issue

2

Volume

19

Page range

1-22

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2022-03-23

First Open Access (FOA) Date

2022-04-16

First Compliant Deposit (FCD) Date

2022-03-23

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