Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law. / This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.

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Confidentiality is unanimously recognized to be one of the most characteristic and attractive features of international commercial arbitration. The confidential character of arbitral proceedings has often been presumed on the basis of the privacy of the hearings, but this presumption has proven ill-founded in arbitrations between private and public actors ("mixed arbitration"). National courts and international tribunals have come to recognize and to enforce a public interest exception to confidentiality based on the principle that the public has a right to be informed of the contents and outcome of the arbitral proceedings whenever the subject-matter of the dispute is of public concern. This thesis will assess the basis upon which and the limits within which the public interest exception to confidentiality might operate. The thesis will then provide an analysis of the benefits—the accommodation of moral and legal expectations of public participation—and risks—the politicization of the arbitrated dispute and disclosure of trade secrets—of greater transparency and openness in mixed arbitral proceedings. The thesis will show that the public interest exception to confidentiality is a valuable and important development along the path of democratic governance, but also that, in order to avoid the indiscriminate disclosure of information, the precise range of its application needs to be carefully defined and limited to only those cases wherein it appears to be fully justified.

Thesis (LL. M.)--University of Toronto, 2005. / Includes bibliographical references (leaves 57-61).

Thesis (LL.M.). / Written for the Institute of Comparative Law. Title from title page of PDF (viewed 2008/07/28). Includes bibliographical references.

Thesis (doctoral)--Georg-August-Universität zu Göttingen.

Thesis (M.A.)--City University of Hong Kong, 2008. / Title from PDF t.p. (viewed on Oct. 3, 2008) "City University of Hong Kong, School of Law, LW 6409A Dissertation." Includes bibliographical references (p. 63-65)

Thesis (Ph. D.)--University of Pennsylvania, 1927. / Bibliography: p. 95.

Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "A dissertation in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution" Includes bibliographical references.