Non-arbitrability

Antitrust arbitration, Arbitrability, China, Competition Law, Economic, Jurisdiction of the arbitral tribunal, Non-arbitrability

(International University of Rabat)/ /Leave a comment

Private antitrust actions were long thought to be non-arbitrable due to the public law character of antitrust law, though the scope of non-arbitrability has been reduced to varying extents in different jurisdictions. For instance, US courts had long adhered to the so-called “American Safety doctrine”, which limited the arbitrability of domestic antirust disputes.1)American Safety Equipment v…

Arbitrability, Arbitration Agreement, China, Company Law, Corporate disputes, Non-arbitrability, PRC, Scope of an arbitration agreement, Shareholders Agreement, Shareholders Arbitration

(Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution)/ /Leave a comment

Introduction1)All citations of People’s Republic of China (“PRC”) sources refer to original Chinese language materials, except for the Tsinghua China Law Review. Title translations are provided by the author. Agreements governing the relationship of shareholders to each other and to the company (e.g., shareholders’, investment or subscription agreements) (collectively, “SHAs”) frequently address matters of corporate…

DIFC, DIFC conduit jurisdiction, Non-arbitrability, Public Policy, Recognition and enforcement of arbitral award

(Blanke Arbitration LLC)/ /Leave a comment

To readers of this Blog, the Dubai International Financial Centre (DIFC) is well known as an arbitration-friendly seat of arbitration in its own right. Developments there are fast apace and have more recently given rise to two challenge actions that, in turn, have raised considerations of arbitrability within the DIFC and the status of the…