垄断行为与仲裁解决机制

仲裁是一种由与争议无关的第三人解决当事人之间争议的方法,在国际商事交往中被广泛采用作为纠纷解决的方式.国外已有通过仲裁机制解决因垄断导致纠纷的判例,这对于反垄断调整机制的创新有重要的借鉴意义.涉及垄断行为的纠纷大部分需要通过公法行为来解决,不适合通过仲裁方式解决,但是部分涉及垄断行为的案件,出于对当事人的尊重与对国际商事交往的尊重,可以适用仲裁方式解决.

Monopoly and Arbitration

Arbitration is a method by which dispute is resolved by a third party who has no relationship with the dispute.There was also a strong presumption favoring arbitration in international commerce.In some foreign cases,monopoly disputes were resolved by arbitration.These have important draw lessons meaning to anti-monopoly adjusting machine-made.From both subjective and objective,two aspect directs are investigated and discussed in this paper,subjectivity means the capacity of a party who take part in arbitration,as well as objectivity means the matter of an arbitration case.Most of monopoly disputes should be resolved by a way which using public law,the others can be resolved by arbitration with the respective of international commerce.