Find Mediators Near You:

Arbitrating Antitrust Claims From Suspicion to Trust

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Vera Korzun, Adjunct Professor at the Fordham University School of Law, has authored “Arbitrating Antitrust Claims: From Suspicion to Trust,” New York University Journal of International Law and Politics (JILP), Vol. 48, 2016, Forthcoming. In her scholarly article, Professor Korzun discusses the adjudication and enforcement of domestic antitrust laws by international arbitral tribunals.

Here is the abstract:

This Article examines the evolving role of international commercial arbitration in the enforcement of domestic antitrust laws. It first explores how antitrust claims and issues can arise in international arbitrations. It then describes three phases in the evolution of domestic courts’ attitude to the adjudication of antitrust claims by international arbitral tribunals. Initially, national courts, like courts of the United States prior to the U.S. Supreme Court’s pathmarking 1985 decision in Mitsubishi v. Soler, were suspicious of private adjudication of antitrust claims, cognizant of the public values implicated by antitrust law. A remarkable but unnoticed transformation has ensued. Now, the national courts of most developed economies accept — and even mandate — adjudication of antitrust claims by private international arbitral tribunals. The transformation may be predictive of future acceptance of international arbitral tribunals as acceptable forums for dispute resolution in other “public” subject matters. The Article concludes by suggesting how international arbitrators should discharge this new role and how domestic courts might police it.

This and other research papers written by Professor Korzun may be downloaded free of charge from the Social Science Research Network.

                        author

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Members

ad
View all

Read these next

Category

Honoring AFCC’s 60th Anniversary

This article honors the Association of Family and Conciliation Courts (AFCC) 60th Anniversary Celebration now taking place in Los Angeles. AFCC is the premier interdisciplinary and international association of professionals...

By James (Jim) Melamed
Category

How to Backpedal After Saying the Wrong Thing

When words come out of your mouth that you instantly regret, here are some ways to recover from your faux pas and minimize the impact of ill-chosen words. The stress and...

By Tammy Lenski
Category

Litigation Is Not The Answer

From the Blog of Phyllis G. Pollack.       More and more parties are using mediation (which is nothing more than a negotiated resolution ) to resolve their lawsuits.  Perhaps, the following...

By Phyllis Pollack
×