Reassess the Arbitrability of Antitrust Disputes in China
Article from: TDM 2 (2022), in Conferences
Abstract
Given the lack of clarity under Chinese law, a long-standing question remains uncertain as to whether an arbitration clause in the contract could exclude the court's inherent jurisdiction to hear an antitrust dispute. In the Crosshairs is public policy debate. China's Supreme People's Court (SPC) has made two landmark judgments, which have, however, left scope for ambiguity. It is argued that the SPC should play a more proactive role and provide more clarity. Doing so would help China integrate into the established international track in the transnational dispute resolution mechanism.