Sandeep Suresh is a fourth-year law student at the National Law University in Jodhpur, India.
The legal correctness of arbitrating competition law disputes has been thought to be beyond debate after a steady line of case laws affirming the question. This trend has to be seen as a move by countries to make their respective jurisdictions arbitration-friendly. Although the case law jurisprudence is positive, there are certain omnipresent fundamentals that have to be taken into consideration.
Typically, either the respective domestic law does not impose any restriction on arbitrating competition disputes or the parties have agreed upon the same. However, this post will look at this issue from the perspective of ‘objective arbitrability,’which studies the suitability of settling dispute through private enforcement. For this purpose, a determined analysis of the nature of competition law disputes and arbitration proceedings is necessary.