CJEU’S “ISU DECISION”: A NAIL IN THE COFFIN OF ANTITRUST-RELATED ARBITRATION IN THE EU?

29 Şubat 2024 CJEU’S “ISU DECISION”: A NAIL IN THE COFFIN OF ANTITRUST-RELATED ARBITRATION IN THE EU?

The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition Act (GWB) on September 27, 2022 (BGH KZB 75/21), conducting a full review of the arbitral award on the merits. German practitioners were concerned that such a de facto second instance deprives German seated arbitration proceedings of one of their key advantages compared to state court litigation and thereby diminishes their attractiveness. Peter Sester analyzed the BGH’s position and put it within the context of international case law in this blog post.

Makalenin devamı için Kluwer Arbitration Blog