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EU Competition Law and International Commercial Arbitration -The question of public policy-

Björnsson, Björgvin LU (2015) JAEM01 20151
Department of Law
Abstract
In this thesis I discuss the nature of EU competition law as a public policy (ordre public) and how that translates into international commercial arbitration and try to figure out, since EU competition rules are considered public policy within the EU, how far the public policy extends and what the repercussions are, if any, of the misapplication of those competition rules are.
In chapter two I describe international commercial arbitration in general and explain the main functions and principles in the field. In chapter three I briefly explain the most important EU competition rules, i.e. article 101, article 102 and the so-called Merger Regulation . The discussion in chapters 2 and 3 about the international commercial arbitration and EU... (More)
In this thesis I discuss the nature of EU competition law as a public policy (ordre public) and how that translates into international commercial arbitration and try to figure out, since EU competition rules are considered public policy within the EU, how far the public policy extends and what the repercussions are, if any, of the misapplication of those competition rules are.
In chapter two I describe international commercial arbitration in general and explain the main functions and principles in the field. In chapter three I briefly explain the most important EU competition rules, i.e. article 101, article 102 and the so-called Merger Regulation . The discussion in chapters 2 and 3 about the international commercial arbitration and EU competition law is general and intended to prepare the reader for chapter four.
Chapter four is the main chapter of this thesis as it explains the application of EU competition law in international commercial arbitration proceedings and in particular the extent of the public policy (ordre public) nature of the EU competition law. The question of how far the public policy nature of these rules extends and how a court who has the task of deciding on an enforcement or settings aside the award should interpret the public policy of the competition rules is answered. In that regard the chapter also discusses two different approaches by national courts in the EU when deciding on setting aside or enforcement of awards, namely the maximalistic and minimalistic approach. The chapter further discusses if there is an obligation ex officio on arbitrators to raise the point of EU competition law in their award even if the parties to the proceedings have not done so. The chapter then ends on a brief discussion about the situation in the EEA regarding the public policy status of EEA competition law in arbitration proceedings. (Less)
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author
Björnsson, Björgvin LU
supervisor
organization
course
JAEM01 20151
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Arbitration, EU Competition Law, Public Policy
language
English
id
7356721
date added to LUP
2015-06-17 11:16:30
date last changed
2015-06-18 14:04:27
@misc{7356721,
  abstract     = {In this thesis I discuss the nature of EU competition law as a public policy (ordre public) and how that translates into international commercial arbitration and try to figure out, since EU competition rules are considered public policy within the EU, how far the public policy extends and what the repercussions are, if any, of the misapplication of those competition rules are.
In chapter two I describe international commercial arbitration in general and explain the main functions and principles in the field. In chapter three I briefly explain the most important EU competition rules, i.e. article 101, article 102 and the so-called Merger Regulation . The discussion in chapters 2 and 3 about the international commercial arbitration and EU competition law is general and intended to prepare the reader for chapter four. 
Chapter four is the main chapter of this thesis as it explains the application of EU competition law in international commercial arbitration proceedings and in particular the extent of the public policy (ordre public) nature of the EU competition law. The question of how far the public policy nature of these rules extends and how a court who has the task of deciding on an enforcement or settings aside the award should interpret the public policy of the competition rules is answered. In that regard the chapter also discusses two different approaches by national courts in the EU when deciding on setting aside or enforcement of awards, namely the maximalistic and minimalistic approach. The chapter further discusses if there is an obligation ex officio on arbitrators to raise the point of EU competition law in their award even if the parties to the proceedings have not done so. The chapter then ends on a brief discussion about the situation in the EEA regarding the public policy status of EEA competition law in arbitration proceedings.},
  author       = {Björnsson, Björgvin},
  keyword      = {International Arbitration,EU Competition Law,Public Policy},
  language     = {eng},
  note         = {Student Paper},
  title        = {EU Competition Law and International Commercial Arbitration -The question of public policy-},
  year         = {2015},
}