LAWFUEL – Competition Law & Legal Newswire –
Time and Date: 16:00hrs on Wednesday 4 July 2007
Venue: SJ Berwin LLP, 10 Queen Street Place, London EC4R 1BE
In recent years there has been a growing recognition of the use of arbitration as a form of private enforcement to resolve anti-trust disputes. The recent modernisation of EC competition law has heightened the need for international arbitration practitioners to it into their practice. It has also made it necessary for competition law practitioners to understand the role of arbitration as a central means for private enforcement.
However, complexities arise due to the need for competition law arbitrations to accommodate the discrepancy between international arbitration as a private dispute resolution mechanism on the one hand, and competition law as public administrative law on the other.
Parties to commercial agreements which contain arbitration provisions for the resolution of any disputes should be aware of the arbitrator’s obligation to raise competition law issues ex officio, even without such issues having been put forward by either of the parties. Debate continues as to whether arbitral tribunals have an obligation to apply Article 81(3)EC, and arbitration has been used in merger control cases on a case-by-case basis. With respect to EC Remedy-Related Arbitrations more specifically, third party beneficiaries of the underlying behavioural remedies should be aware of the rights they derive from those remedies, including their right to trigger the unilateral arbitration commitment entered by the “opponent” in their favour.
ICC United Kingdom is delighted to be holding this Special Working Session on these key issues in partnership with Addleshaw Goddard LLP and SJ Berwin LLP on Wednesday 4 July.
This event will include an introduction to the relevant aspects of competition law and international arbitration. It will also address the special relationship between the relevant competition authorities and the arbitral tribunal, and its impact on the traditional party autonomy rule governing international arbitration proceedings.
Mark Clough QC, Addleshaw Goddard LLP (Chair)
Gordon Blanke, Associate, SJ Berwin LLP
Michael Bowsher QC, Monckton Chambers
Stuart Davis, Legal Counsel, BG Group
Judge Nicholas Forwood QC, European Court of First Instance
Nicholas Green QC, Brickcourt Chambers
Dr. Assimakis P. Komninos, Associate, White & Case LLP, Brussels
John Merrett, Arbitration and ADR Consultant, ICC United Kingdom
Dr. Renato Nazzini, Reader, University of Southampton
Carl Nisser, Consultant, SJ Berwin LLP
The conference will be followed by an informal drinks reception.
For full details of the conference programme, including registration for attendance to this event, please see attached PDF.