Arbitrability of Competition Law Disputes in India
Article from: TDM 5 (2022), in India
Arbitration and competition law are regarded to be the opposite poles of a magnet. Arbitration resolves disputes involving parties in the agreement. Whereas, competition law cases are resolved by courts since they affect the public as a whole. Arbitrability of competition law in other countries such as USA and EU are far more coherent than in India. There are no substitute methods provided by the Indian Competition Act, 2002 other than approaching domestic courts. Moreover, the statutory powers of Competition Commission of India are limited. In India, the bitterness towards arbitration ...