Les clauses d’arbitrage contraires au droit de la concurrence

This article discusses arbitration clauses violating competition law. Go to the article (available in French only).

Summary:

A violation of competition law, whether direct or indirect, may lead to the invalidity of an arbitration clause. If an arbitration clause serves to keep a cartel in power or to abuse a dominant position, such violation is direct; it is indirect if the clause prevents the effective enforcement of competition law provisions, if it fosters the abuse of a dominant position or if it leads to fragment the proceedings. In any event, an arbitration clause is invalid only if it violates a public competition policy provision and if the arbitral proceedings are critically flawed.