Party Autonomy and the Mandatory Rules of Competition law in International Commercial Arbitration.
Article from: TDM 3 (2004), in International Commercial Arbitration
The purpose of this article is to find out whether the rules of competition law qualify as mandatory rules in international commercial arbitration. The question has been studied by normative review of different arbitration rules and by case studies of recent EC and US court judgments. Arbitration is based on the principle of Party Autonomy which allows the parties a free choice of governing law. However, there are exemptions to the principle as some legal rules and principles are of such an important nature that they cannot be overridden by party autonomy. The choice of law by ...