On Arbitration of Competition/Antitrust Disputes: A Tribute to Mitsubishi is an article I recently published in the AAA/ICDR Dispute Resolution Journal that reflects back over the last 34 years since Mitsubishi v Soler was handed down by the US Supreme Court allowing for the arbitrability of antitrust cases. The Court specifically and remarkably stated in 1985 that it was an “experiment” it was willing to embark on to put the principles of party autonomy ahead of a nationalistic insistence that all international disputes must be resolved by US courts. The article discusses how the experiment has worked, and even especially in the arbitration of complex disputes like antitrust and IP cases, and in specific areas that come with that complexity, such as experts and discovery.
Posted on LinkedIn on 6/6/2019
