The Arbitrability Of Antitrust-Related Issues And The Competition Act, 2002 - A Critical Analysis
- IJLLR Journal
- 3 hours ago
- 1 min read
Isha Khond, LL.M. (Corporate and Commercial Laws), Maharashtra National Law University, Mumbai
ABSTRACT
The arbitration proceedings and competition law disputes are two opposite poles; the former is the method mutually opted by parties to solve the commercial disputes, whereas the latter is aimed to protect public interest. The arbitration proceedings are regulated by the Arbitration Act and the contract between the parties, while the antitrust-related issues are governed by the Competition Act, 2002. The author wants to analyse the interaction and consistency between these two laws in India and, by analysing India’s approach to the arbitrability of competition law disputes, compare it with that of the EU and the United States. This paper is based on the notion that whether antitrust-related disputes can be settled through the arbitration proceeding without impacting public interest.
Keywords: Arbitration, Antitrust disputes, competition, arbitrability of competition law disputes.
