tv19-2-article05.pdf (690.44 kB)
Reassess the arbitrability of antitrust disputes in China
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.
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- Published
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- Published version
Journal
Transnational Dispute ManagementISSN
1875-4120Publisher
MARISIssue
2Volume
19Page range
1-22Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2022-03-23First Open Access (FOA) Date
2022-04-16First Compliant Deposit (FCD) Date
2022-03-23Usage metrics
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