INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS)

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TABATABAEI NEJAD SEYED MOHAMMAD

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Journal: COMPARATIVE LAW REVIEW Year:2015 | Volume:6 | Issue:1 Page(s): 277-300

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Title

INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS)

Author(s)

TABATABAEI NEJAD SEYED MOHAMMAD | Issue Writer Certificate

Keywords

ARBITRATIONQ1

ARBITRABILITYQ2

INTERNATIONAL TRADEQ1

MANDATORY RULESQ1

Abstract

For decades, the approach of legal systems towards private ARBITRATION in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the ARBITRABILITY of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact ARBITRATION is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for ARBITRATION and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges ARBITRATION may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.

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APA: Copy

TABATABAEI NEJAD, SEYED MOHAMMAD. (2015). INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS). COMPARATIVE LAW REVIEW, 6(1), 277-300. SID. https://sid.ir/paper/246407/en

Vancouver: Copy

TABATABAEI NEJAD SEYED MOHAMMAD. INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS). COMPARATIVE LAW REVIEW[Internet]. 2015;6(1):277-300. Available from: https://sid.ir/paper/246407/en

IEEE: Copy

SEYED MOHAMMAD TABATABAEI NEJAD, “INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS),” COMPARATIVE LAW REVIEW, vol. 6, no. 1, pp. 277–300, 2015, [Online]. Available: https://sid.ir/paper/246407/en

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