Arbitration and Competition Law: the Position of the Courts and of Arbitrators

This article assesses the current state of the debate on the relations between competition law and arbitration. It addresses the two central issues of the nature of the review by courts of awards involving competition law and of the duties and powers of arbitrators with regard to the application of competition law. The author analyzes the standard of review of awards involving competition law at the setting aside and enforcement stage and shows that a standard which is compatible with the general principle of minimal review of awards on the merits does not hinder effective anti-trust enforcement. The article also illustrates the prinicples that must guide arbitrators in their decisions regarding the application of competition law, including the criteria to identify the applicable competition law in complex international cases.