Journal of International Arbitration

Volume 30 (2013)

Volume 30 (2013) / Issue 3

Colette Downie, 'Will Australia Trust Arbitrators with Antitrust?' (2013) 30 Journal of International Arbitration, Issue 3, pp. 221–265


International arbitration has gained acceptance in many jurisdictions as a convenient method for resolving competition law disputes. In Australia, it remains unclear whether competition disputes are arbitrable, even though Australian courts and legislatures have recognized the legitimacy of arbitration as a dispute resolution process. This article outlines a model which would allow competition arbitration to operate within the Australian commercial and legal environment. Options are presented to alleviate the difficulties which continue to be experienced during US and EU antitrust arbitration proceedings and at the award enforcement stage. It is envisaged that the recommendations made by this article will enable international arbitration to become a complementary method of competition law enforcement, if Australia trusts arbitrators with antitrust.

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ISSN: 0255-8106
ID: JOIA2013017