CEU Electronic Theses and Dissertations, 2020
| Author | Zhang, Jie |
|---|---|
| Title | Arbitrating Anti-Trust Disputes in China: Comparative Analysis Based on the US and EU |
| Summary | The issue of the international arbitration of antitrust claims under a valid arbitration agreement is debatable in most countries. The US and the EU has generally recognized the arbitrability of antitrust disputes through its case law. However, it is ambiguous and controversial in China whether arbitral tribunals can arbitrate the antitrust disputes under a valid arbitration agreement. The antitrust law keeps silent on this issue and some courts recognized the arbitrability of these disputes while other courts denied. By denying the arbitrability of antitrust issues in China, parties’ intention to seek a quick and effective arbitral award is destroyed. Under such background, it is of great significance to explore whether the antitrust issues should be or can be arbitrable in China. The core question of the thesis is to analyze whether antitrust claims are arbitrable in China. The thesis analyzes the ambiguity of the legal framework of China on this issue and explores the possibility to arbitrate such disputes under current legal framework. In addition to that, another aim of the thesis is to justify the arbitrability of antitrust issue in China from the comparative perspectives of the US and the EU on the issue of the arbitrability of antitrust claims. The thesis holds the view that the antitrust dispute is arbitrable in China. The methodology that the thesis adopts is comparative analysis, mainly by comparing the approaches of the US and the EU and applying such approaches to analyze the current practices of Chinese courts. |
| Supervisor | Petsche Markus |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2020/zhang_jie.pdf |
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