By Vera Korzun
National courts and arbitration laws around the globe have long proclaimed that antitrust claims are arbitrable, that is they can be submitted to and resolved in arbitration. The number of antirust arbitrations has reportedly grown in recent years, providing a feasible route for private enforcement of antitrust laws. This paper focuses on arbitration of domestic antitrust claims in international commercial arbitration — arbitration that may arise from international business transactions. Apart from antitrust claims and defenses, the paper explores how parties in international arbitration invoke antitrust to challenge the tribunal’s jurisdiction and arbitral awards in setting aside and enforcement proceedings. It also explores the issue of multiplicity of antitrust laws in international arbitration and how arbitral tribunals can address it. It concludes by analyzing the role of arbitrators and supervisory courts in the enforcement of antitrust laws, and the nature of the relationship between domestic antitrust and international arbitration.
