ARBITRATING COMPETITION LAW
Arbitrating competition law is a unique and challenging task. Investment treaty arbitration with competition law aspect often becomes procedurally complicated. These were among the key takeaways from the EU Competition Law and Arbitration Law Conference, organised by the SCC together with Club Español del Arbitraje (CEA).
The seminar took place on 28 April 2017 at SCC premises in Stockholm. SCC Secretary General Annette Magnusson and CEA Co-President José Antonio Caínzos Fernández welcomed around 50 participants, many of whom travelled from abroad.
The esteemed Professor George A. Bermann, Director of the Center for International Commercial & Investment Arbitration (CICIA) at the Columbia Law School set the scene for the conference with his keynote address. In doing so, he highlighted several aspects in which arbitrating competition law is procedurally complicated and substantively challenging.
The first panel took on the issues faced in investment treaty arbitration and EU law, including the EU State Aid law issue that has recently appeared in some investment arbitration cases. Ms Magnusson, in turn, expressed some concerns about investment arbitration and proposed some way forward.
The second panel elaborated on competition law-based claims in commercial arbitration. Among the salient topics addressed by the panellists was the highly-discussed Swedish Supreme Court’s Systembolaget decision, in which the main question revolved around whether an arbitral tribunal had a jurisdiction to decide a competition law aspect of a dispute.
The presentations of the speakers are available below.