Arbitrating Disputes Involving EU Competition Law Issues

As part of Athens Arbitration Days, ICC DRS, ICC Greece, ICC France, and ICC Serbia are co-organising an afternoon event exploring the challenges of arbitrating disputes involving EU competition law. The discussion will cover the strategic use of competition law arguments in arbitration, the challenges arbitral tribunals face in addressing such arguments, the approaches of the European Commission and the Court of Justice of the European Union (CJEU), and the risks of annulment and judicial review of arbitral awards involving competition law issues. The panel discussion will address the operational realities of arbitrating complex disputes. The discussion will dissect the following topics: Tactical Deployment in Arbitration: Competition law-related arguments in arbitration: sword or shield? The counsel’s perspective. The Arbitrator’s Dilemma: Practical strategies for tribunals addressing competition law arguments while safeguarding the enforceability of the award. The arbitrators’ perspective. Institutional Posture: Navigating the current position of the European Commission and the Court of Justice of the European Union (CJEU). Annulment Risks and Judicial Scrutiny: Defining the applicable standard of review utilised by National Courts when scrutinising arbitral awards that involve EU competition law issues.