The arbitrability of antitrust disputes: a Chinese perspective

Abstract

Abstract The cornerstone of public policy debate opens the door for arbitral tribunals to deal with antitrust disputes. It has long been a controversial issue whether antitrust disputes related to commercial contracts could be arbitrable, given the lack of clarity under Chinese law. China’s Supreme People’s Court in Shell v Huili has seemingly provided important but paradoxical guidance on non-arbitrability. Arguably, the ruling may be incompatible with the doctrine of international comity in the current transnational dispute resolution mechanism. It is argued that the operation costs for all stakeholders would be considerably reduced if China could integrate into the established international track.