نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Gradually, with the spread of international arbitration and the change in the policy of national law systems regarding arbitration, the ability to arbitrate competition law claims was accepted. This change in the approach of governments was first accompanied by the conversion of absolute prohibition to relative prohibition and then with the more complete acceptance of arbitration of these claims. . Expectations arising from international decency, respect for the jurisdiction of foreign courts and arbitral tribunals were from other aspects of this famous decision of the Supreme Court of the United States. In this research, using a descriptive-analytical method and with the aim of investigating "expanding the arbitrability of disputes regarding competition rights", the question was raised: "What is the role of the European Union in expanding the arbitrability of competition law claims?" According to the research, it can be stated: after the start of the movement towards accepting competition rights arbitration in the Mitsubishi lawsuit and continuing this movement in other lawsuits; The approach adopted in the European Union and especially in the Ecoswiss lawsuit regarding this issue, considering the importance of the European Union's competition law system in the international trade process, can be considered as a sign of the expansion of competition law arbitration, and it can be said that the European Court of Justice is unenforceable. Knowing the arbitral award in which EU competition law was ignored indirectly accepted the arbitration of competition law claims.
کلیدواژهها English