ro fr
universul juridic magazin
Revista Română de Drept Privat

Aspects related to the international commercial arbitrage in the competitive matters of the european union

The arbitrability of the competition matters represented for a long time the subject of some doctrine controversies, the authors having different opinions regarding this subject. Thus, according to the majority’s opinion, the confidentiality of the arbitral procedures was deemed inadequate for the judgment of the issues related to competition law, having in mind that the aspects of the economic policy related to competition pertain to public policy. Moreover, the specialists declared their scepticism with regard to the arbitrators’ capacity to solve the competition aspects of the affairs, due to their complexity. The situation changed in the meantime, the experience of the latest years showing the fact that the competition arbitrage became reality and even more, it became a fundamental feature of the international commercial arbitrage. The arbitrability of the competition-related aspects was not contested anymore, the arbitral courts all over the world solving this type of issues more frequently and with professionalism. The recent evolutions may be deemed important, especially in the context of the modernisation process of application of the competition law, which targeted also the increasing importance of its private application. The authors propose the analysis of the arbitrability of the competitive side of the affairs undergoing resolution before the arbitral courts, the frequency of the use of the arbitrage in relation to the resolution of the aspects related to the competition law, as well as the arbitrators’ role in the context of the application of the competition norms in the European Union. The authors believe that, in the current context, the arbitrage may become an important option in the application of the competition law in the European Union.