유럽연합 경쟁법의 중재가능성과 중재판정부의 적용의무

Arbitrability of EC Competition Law and Arbitrators' Duty to Apply EC Competition Law

The thesis of this article covers several issues in the application of EC competition law to arbitrations as a private enforcement regime in international transactions. Specifically, this article considers the grounds for arbitrability of competition law and the powers of national courts to review awards raising competition law issues, and examines the duties of arbitrators with respect to the application of competition law including the burden to provide adequate reasoning and the treatment of awards where competition law was not raised during the proceedings. Given the reviews of the implications of the review by courts of the applicability of competition law and the review by arbitrators of the competition law, this article assesses the balance between competition and arbitration policies with the discussion of issues raised by the modernisation of EC competition law, finding certain implications and suggestions for the international arbitration.