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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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International Commercial Arbitration and EU Competition Law

Publication abandoned lge

ISBN13: 9781841138626
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Publication Abandoned

This book, written by two of the best-known experts on the interface between arbitration and competition law, is an ambitious treatise on both the theoretical underpinnings and practical aspects of arbitrating EU competition law disputes. It brings together several areas of law, such as private international law, EU constitutional law, EU competition law and the law of arbitration and attempts to give a global and not necessarily 'Eurocentric' perspective to the relationship between the two areas of law.

The book contains chapters on the arbitrability of competition law disputes, on the powers and duties of arbitrators in applying EU and national competition law, on the legal position of arbitration and arbitrators in the EU competition law enforcement system, on the relationship between arbitrators and public enforcers, on the role of State courts, as well as of the EU Courts, and on the standard of review of arbitral awards by courts when EU competition law is at stake. Throughout the book the relationship between arbitration and EU Competition law is viewed from different angles: from the point of view of arbitration law but also of competition law, from the point of view of the EU and the supremacy of EU law but also of international law. The main objective is to show that the two areas are not in conflict are, rather, complementary and that arbitration can also be a tool for the enforcement of competition law.