Modernised EC Competition Law in International ArbitrationThis very useful guide offers a convenient one-volume analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. It provides counsel and arbitrators with a basis upon which to identify and manage competition law issues arising in international arbitrations, with detailed coverage of such matters as: the main features of EC competition law; enforcement of EC competition law and the place of international arbitration in this enforcement; the relevant interrelations between arbitration proceedings and the European Commission, Member State competition authorities, and Member State courts; the roles of important players on litigation teams dealing with EC competition law questions; relevant economic concepts; particular matters under Dutch, English, French, German and Swiss law, including private remedies; and the application of mandatory norms by arbitration tribunals.With clear references to all materials relevant to EC competition law questions ordinarily arising in international arbitrations, this book will be of interest to international litigation practitioners in Europe and globally, in particular arbitrators and arbitration counsel, as well as to EC competition law practitioners. Law makers and regulators will also find here a valuable perspective on shaping the future relationship between arbitration and competition law. Phillip Landolt is a member of the Bars of England and Wales and Ontario, Canada. With a doctorate in the civil law of obligations, he is also a registered foreign lawyer in Geneva, Switzerland, where he practises international arbitration with the law firm Tavernier Tschanz (www.taverniertschanz.com). He has post-graduate academic qualifications in EC competition law, and practised EU and competition law for over three years in London and Brussels before relocating back to Geneva to resume his international arbitration practice. |
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Contents
INTRODUCTION | 1 |
THE OBJECTIVES OF COMPETITION LAW | 19 |
The Dual Objectives of EC Competition Law | 25 |
THE ENFORCEMENT OF COMMUNITY LAW | 33 |
THE CONTENT OF EC COMPETITON LAW | 43 |
ARBITRABILITY | 89 |
Comparison with Arbitrability of Competition Law under US Federal | 96 |
THE APPLICATION OF MANDATORY NORMS | 105 |
The Origin of the EU Norm within the Community Legal Order | 209 |
Application of Hard Core Prohibition More Compelling | 215 |
The Imperativity Assessment by Arbitral Tribunals | 221 |
Are Arbitrators under an Obligation to Apply EC Competition Law of their own Motion? | 229 |
EC COMPETITION LAW ASSISTANCE IN INTERNATIONAL ARBITRATION | 237 |
Factors Affecting Degree of Arbitration Tribunals Reliance on Prior Determinations | 247 |
B Authority of EC Competition Law Decisions under Member State | 250 |
Application to Arbitral Tribunals | 256 |
Proper Role of Party Will in the Application of Mandatory Norms | 111 |
B The Application of Mandatory Norms by Courts | 118 |
e Rome Convention Treatment of Foreign Mandatory Norms Reflects Widely Accepted Principles | 124 |
E Proper Approach to the Application of EC Competition Law by Arbitration Tribunals | 139 |
Unsystematic and Virtually Adventitious Nature of Judicial Jurisdiction to Interfere with Arbitration Awards | 144 |
Unenforceable Duty on Arbitrators | 154 |
TAKING EC COMPETITION LAW SERIOUSLY | 161 |
b The Effect on Trade Guidelines | 179 |
The EUs Policy on Application of EC Competition Law | 186 |
Similarity of Issues | 263 |
The Nature of the Decision | 269 |
Intervention of Commission and Member State Competition Authorities in Arbitration Proceedings | 278 |
OVERVIEW OF SUBSTANTIVE ANALYSIS IN PRACTICE | 295 |
b Econometrics | 303 |
LEGAL RELIEF | 323 |
353 | |
363 | |
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Modernised EC Competition Law in International Arbitration Phillip Louis Landolt Limited preview - 2006 |