CEU Electronic Theses and Dissertations, 2011
| Author | Kolmogorova, Yekaterina Dmitriyevna |
|---|---|
| Title | Arbitrability of Competition Disputes: Positions of England, France and Kazakhstan |
| Summary | This paper addresses positions of England, France and Kazakhstan in the complex issues of subject-matter arbitrability of competition disputes that courts and legal practitioners continue to encounter in practice of private enforcement of competition law, focussing specifically on definition of arbitrability in accordance with the national laws and the established case law, and whether the disputes under the merger control regulations, general rules on competition and norms granting exceptions to those entities that otherwise would be considered in violation of law are arbitrable in the selected jurisdictions. By means of descriptive analysis it will be shown how arbitrability of antitrust disputes is viewed in England and France, and, with help of the comparative analysis, position of Kazakhstan will be explained and revealed of its shortcomings. The goal of this paper is to detach, where possible, English and French legal arbitration systems from the European approach in understanding of the subject-matter arbitrability and evolve lessons for Kazakhstan based on the study of them. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/kolmogorova_yekaterina.pdf |
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