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新的竞争法会影响仲裁吗？

新的竞争法将会影响仲裁和替代性争端解决服务吗？是否需要发现和实施一些预防措施,以确保一个人不会违反竞争法。

引言

本文肯定了仲裁和替代性争端解决服务实施中的新商标竞争法的影响。本文的作者关注两个截然不同的体制之间的对立立场 [1]即竞争法律和商业仲裁(或替代性争端解决服务)。说明了竞争法的概念，商业仲裁和其他争端解决服务的属性之后,本文将继续深入了解竞争法的可仲裁性,国家竞争机构支持的程度和方式，以及管理竞争法在仲裁中的应用,还有仲裁法庭该如何处理两党之间的私下纠纷,本文全力考虑了更加广泛的政策问题,但可以确保不违反竞争法。

香港竞争法案刚刚在2010年7月初的宪报上刊登，这个法案充分地引用了英国,欧盟、澳大利亚和中国大陆模式,本文将主要通过引用英国仲裁法律和其他地区的经验来探讨上述问题。

Will The New Competition Law Affect Arbitration International Law Essay

Will the new Competition law affect arbitration and alternative dispute resolution services, if so what precautions will one need to observe and implement to ensure that one is not contravening the Competition law.

Abstract

This paper affirms the influence of the brand new competition law on the operation of arbitration and alternative dispute resolution services. The writer of this paper will concern the confronting positions between the two contrasting regimes [1] , that is, competition law and commercial arbitration (or alternative dispute resolution services). After illustrating the concepts of competition law, the attributes of commercial arbitration and other dispute resolution services, the paper will then proceed to examine the arbitrability of competition law, the extent and manner of national competition authority to support and govern the application of competition law within arbitration, as well as how should an arbitral tribunal, dealing with a private dispute between two parties, obliges to try its best to consider wider policy issues but still capable to ensure no contravention to the

Since the Hong Kong Competition Bill has just been gazetted on early July 2010 and the Bill referenced itself substantially to the model of the UK, the European Union, the Australia and Mainland China, this paper will explore the above issues by mainly referencing to English arbitration law and experiences of other jurisdictions.

Introduction: The Contrasting Regimes of Commercial Arbitration and Competition Law

Competition law is a system of public law. It dominates the private relationship of economic entitles by adopting measures which can be placed above the parties’ own provisions. [2] Whereas commercial arbitration, a contractual process, allows parties to a dispute consent to resolve their dispute through a third party tribunal which comprises of one or three arbitrators. [3] For this reason, the parties not only can resolve the dispute in private but also enjoy certain specific reservations over confidentiality in the proceeding and the outcome. [4]

The diverse perspectives of these two regimes attracted keen pensiveness from academics and practitioners. Remarkably different views concerning the tension of these two areas of law are continuously being expressed. Lawyers practicing in commercial transaction worry the oversimplification of the impact of public law which changed the private resolution of the parties to resolve their own affairs. [5] Meanwhile, lawyers practicing in competition law expressed their solicitude to the adverse effect on the general and standard application of competition law if the competition policy can be resolved in a private and the extensively confidential procedures. [6]

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