Journal of International Arbitration

Volume 35 (2018)

Volume 35 (2018) / Issue 3

Olga Sendetska, 'Arbitrating Antitrust Damages Claims: Access to Arbitration' (2018) 35 Journal of International Arbitration, Issue 3, pp. 357–370

Abstract

In 2015, the Court of Justice of the European Union (CJEU, Court) delivered a judgment in CDC v. Akzo Nobel finding that broadly worded jurisdiction clauses do not extend to competition-related tortious damages claims. Even though the Court did not address arbitration clauses, a spill over into the area may take place. Both prior to and after the CJEU’s judgment Member States’ courts dealt with the issue of scope of broad arbitration clauses arriving at conflicting outcomes. The most recent decision was delivered in September 2017 by the Dortmund Regional Court. This article analyses the judgment in CDC v. Akzo Nobel, relevant national courts’ judgments, and how the resulting uncertainty may be mitigated.

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ISSN: 0255-8106
ID: JOIA2018019