قابليت داوري اختلافات ناشي از حقوق اقتصادي: ناكامي قراردادي در رجوع به داوري در دعاوي حقوق رقابت و حقوق بازار بورس

Arbitrability of disputes arising from economic regulation: contractual failure in arbitration of competition law and securities regulations disputes

The current paper is dealing with a widespread problem in international business which involves the conflict between national economic regulation and arbitration clause in international commercial transaction The emergence of various forms of regulatory laws has not only put restrictions on the substantive aspects of freedom of contract but has also restricted access to the alternative dispute resolution including international commercial arbitration in the case of a dispute arising from a contract between the parties who have already designated arbitration as mechanism for resolution of their dispute. The reason for such a restriction on the arbitrabilty of regulatory disputes is that the public law dimension of these disputes could be compromised if they are left to private adjudicators. However, international commence and taking into account the interests of other states may require a more lenient approach to the issue of arbitrability of regulatory disputes in an international context.