Can competition law disputes be resolved by arbitration?
Definitely they can! And the lawyers from https://linkagemind.com/practices/litigation-arbitration/ can help to resolve any disputes including corporate, commercial, banking and financial issues etc. They are extremely professional!
In this article we will examine two themes: the so-called arbitrability of competition law disputes, and the case for the Australian Competition and Consumer Commission (ACCC) to use external arbitration. Arbitrability of competition law This issue arises where there is a competition law dispute that is referred to arbitration pursuant to an arbitration clause and the parties have agreed to a foreign choice of law provision. Normally, it is not possible to agree to exclude the operation of the Trade Practices Act 1974 (Cth) (TPA). This is because of the public policy nature of the TPA. At the same time, the International Arbitration Act 1974 (Cth), which adopts the UNCITRAL Model Law on International Commercial Law, also implements public policy. In the light of the widespread use of TPA claims in commercial litigation in Australia, two questions arise: • Does transnational public policy trump domestic public policy? • May a foreign arbitration tribunal consider a TPA claim when Austra
