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Modernised EC Competition Law in International Arbitration.
2006
N 30 GER.C
Available at WIPO Library
Items
Details
Title
Modernised EC Competition Law in International Arbitration.
Author
Description
xxviii, 463 pages : illustrations ; 25 cm
ISBN
9789041123527 Print
Alternate Call Number
N 30 GER.C
Summary
This very useful guide offers a convenient one-volume analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. It provides counsel and arbitrators with a basis upon which to identify and manage competition law issues arising in international arbitrations, with detailed coverage of such matters as: the main features of EC competition law; enforcement of EC competition law and the place of international arbitration in this enforcement; the relevant interrelations between arbitration proceedings and the European Commission, Member State competition authorities, and Member State courts; the roles of important players on litigation teams dealing with EC competition law questions; relevant economic concepts; particular matters under Dutch, English, French, German and Swiss law, including private remedies; and the application of mandatory norms by arbitration tribunals. With clear references to all materials relevant to EC competition law questions ordinarily arising in international arbitrations, this book will be of interest to international litigation practitioners in Europe and globally, in particular arbitrators and arbitration counsel, as well as to EC competition law practitioners. Law makers and regulators will also find here a valuable perspective on shaping the future relationship between arbitration and competition law. Phillip Landolt is a member of the Bars of England and Wales and Ontario, Canada. With a doctorate in the civil law of obligations, he is also a registered foreign lawyer in Geneva, Switzerland, where he practises international arbitration with the law firm Tavernier Tschanz (www.taverniertschanz.com). He has post-graduate academic qualifications in EC competition law, and practised EU and competition law for over three years in London and Brussels before relocating back to Geneva to resume his international arbitration practice.
Bibliography, etc. Note
Includes bibliographical references (pages 353-361) and index.
Formatted Contents Note
Foreword,
Table Of Abbreviations,
Table Of EU Case Law
Chapter 1 – Introduction
I. Competition Law in the EU Legal Order
II. Arbitration
III. Why this Book?
IV. Scope of this Book
V. A Note on Terminology
VI. Topography of EC Competition Law
Chapter 2 – The Objectives of Competition Law
I. The Hallmarks of Modern Competition Law
II. EC Competition Law as a System of Modern Competition Law
Chapter 3 – The Enforcement of Community Law
I. Relations between Community Law and Member State Law
II. Modernisation
Chapter 4 – The Content of EC Competition Law
I. The Relationship between Article 81 EC and Articles 82 EC 43 vi Modernised EC Competition Law in International Arbitration
II. Article 81 EC 44
III. Article 82 EC
IV. Member State Government-Sponsored Distortions to Competition
V. EC Competition Law and Sectoral Regulation
Chapter 5 – Arbitrability
I. Powers of an Arbitral Tribunal to Decide Material Issues
II. Applicable Law
III. Arbitrability under Surveyed States’ Law
IV. Competition Law
Chapter 6 – The Application of Mandatory Norms
I. Overview
II. Mandatory Norms in the Conflicts of Law System
III. Must Arbitrators Raise Mandatory Norms of Their Own Motion?
Chapter 7 – Taking EC Competition Law Seriously
I. Competition Law as Mandatory Norms
II. The Application of EC Competition Law
III. The Imperativity Assessment by Arbitral Tribunals
IV. Are Arbitrators under an Obligation to Apply EC Competition Law of their Own Motion?
V. The Supplementary Application of the Lex Arbitrii and the Lex Causae
Chapter 8 – EC Competition Law Assistance in International Arbitration
I. Non-Mandatory Statements of EC Competition Law
II. Influence on Arbitral Tribunals of other Bodies’ Prior Applications of Legal Norms
III. Arbitration Tribunals’ Treatment of Prior Determinations on EC Competition Law
IV. Effect on Arbitral Proceedings of Contemporaneous Proceedings before other Bodies
V. Intervention of Commission and Member State Competition Authorities in Arbitration Proceedings
Chapter 9 – Overview of Substantive Analysis in Practice
I. Gathering Evidence
II. Market Power – A Foundational Concept
III. Determinations
Chapter 10 – Legal Relief
I. Public and Private Enforcement of EC Competition Law
II. Burden of Proof
III. Standard of Proof
IV. Time Barring
V. Provisional Measures
VI. Severance
VII. Damages
VIII. Restitution,
Bibliography,
Index
Table Of Abbreviations,
Table Of EU Case Law
Chapter 1 – Introduction
I. Competition Law in the EU Legal Order
II. Arbitration
III. Why this Book?
IV. Scope of this Book
V. A Note on Terminology
VI. Topography of EC Competition Law
Chapter 2 – The Objectives of Competition Law
I. The Hallmarks of Modern Competition Law
II. EC Competition Law as a System of Modern Competition Law
Chapter 3 – The Enforcement of Community Law
I. Relations between Community Law and Member State Law
II. Modernisation
Chapter 4 – The Content of EC Competition Law
I. The Relationship between Article 81 EC and Articles 82 EC 43 vi Modernised EC Competition Law in International Arbitration
II. Article 81 EC 44
III. Article 82 EC
IV. Member State Government-Sponsored Distortions to Competition
V. EC Competition Law and Sectoral Regulation
Chapter 5 – Arbitrability
I. Powers of an Arbitral Tribunal to Decide Material Issues
II. Applicable Law
III. Arbitrability under Surveyed States’ Law
IV. Competition Law
Chapter 6 – The Application of Mandatory Norms
I. Overview
II. Mandatory Norms in the Conflicts of Law System
III. Must Arbitrators Raise Mandatory Norms of Their Own Motion?
Chapter 7 – Taking EC Competition Law Seriously
I. Competition Law as Mandatory Norms
II. The Application of EC Competition Law
III. The Imperativity Assessment by Arbitral Tribunals
IV. Are Arbitrators under an Obligation to Apply EC Competition Law of their Own Motion?
V. The Supplementary Application of the Lex Arbitrii and the Lex Causae
Chapter 8 – EC Competition Law Assistance in International Arbitration
I. Non-Mandatory Statements of EC Competition Law
II. Influence on Arbitral Tribunals of other Bodies’ Prior Applications of Legal Norms
III. Arbitration Tribunals’ Treatment of Prior Determinations on EC Competition Law
IV. Effect on Arbitral Proceedings of Contemporaneous Proceedings before other Bodies
V. Intervention of Commission and Member State Competition Authorities in Arbitration Proceedings
Chapter 9 – Overview of Substantive Analysis in Practice
I. Gathering Evidence
II. Market Power – A Foundational Concept
III. Determinations
Chapter 10 – Legal Relief
I. Public and Private Enforcement of EC Competition Law
II. Burden of Proof
III. Standard of Proof
IV. Time Barring
V. Provisional Measures
VI. Severance
VII. Damages
VIII. Restitution,
Bibliography,
Index
Published
The Hague : Kluwer Law International, 2006.
Language
English
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