摘要
由于反垄断法的公法属性,反垄断争议一度被普遍认为无法通过仲裁解决。上世纪末期,欧盟通过司法裁决,明确了反垄断争议的可仲裁性,并通过赋予法院对仲裁裁决是否符合本国公共政策的审查义务,协调反垄断法与仲裁适用的法理冲突。英国作为欧盟曾经重要成员国之一,其对反垄断争议可仲裁性的观点既受到欧盟影响,又有其独特之处。对于成员国法院如何审查仲裁裁决,欧盟未提供明确指导,各国基于实践发展出迥异的审查标准,近期欧盟的司法实践表明,该审查标准似乎有进一步变化的倾向。
Due to the public nature of competition and antitrust laws,competition disputes have widely been considered as non-arbitrable.Since the end of the last century,however,through judicial decisions,the European Union has clarified the arbitrability of competition and antitrust disputes in EU law.At the meantime,the EU has also passed statutes granting enforcement and oversight duties to courts in determining whether an arbitral award is consistent with public policy,and to mediate jurisprudential conflicts between competition law and enforcement of awards.As an important ex-EU Member State,the United Kingdom’s approach to arbitrability of competition and antitrust disputes is both influenced by EU law while maintaining its own particularities.As regards to the enforcement of arbitral awards by Member States,the EU has not provided any clear guidance.Different Member States have developed their unique enforcement standards,and as recent judicial practice in the EU have shown,these enforcement standards are subject to further changes and developments.
出处
《商事仲裁与调解》
2020年第4期148-160,共13页
Commercial Arbitration & Mediation
关键词
反垄断法
仲裁
欧盟法
英国法
antitrust laws
arbitration
EU law
English law
