The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Expanding the arbitrability of disputes regarding competition law with a view to European Union law

Document Type : Original Article

Authors
1 Private Law, Department of Law, United Arab Emirates Unit, Islamic Azad University of Dubai, United Arab Emirates.
2 Department of Private Law, Damavand Branch, Islamic Azad University, Damavand, Iran.
3 Assistant Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/mral.2024.2031212.1616
Abstract
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.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 241-259

  • Receive Date 04 June 2024
  • Revise Date 17 August 2025
  • Accept Date 01 July 2024