Commercial Arbitration and Antitrust Matters in the European Economic Community: An Eastman Arbitration Library Prize-Winning Essay - Dispute Resolution Journal - Vol. 21, No. 2

Walter P, von Wartburg is a graduate student of International Law at Harvard University, He was educated in his native Switzerland and in Paris, and practiced law briefly in Switzerland before coming to the United States for further studies at Princeton University and Harvard, His article won the first prize of $500 in the 1966 commercial arbitration essay contest of the Eastman Arbitration Library of the American Arbitration Association,

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I. Introductory Remarks

Commercial arbitration is unquestionably a highly regarded method for private and expeditious settlement of business disputes on both sides of the Atlantic. However, its use with respect to antitrust matters has been controversial in the United States, where the idea of free competition is firmly embedded in the federal antitrust concept. In Europe, where unlimited competition seldom was regarded as the only policy fostering an efficient economy, arbitral tribunals were more readily attributed the power to decide matters of restrictive trade regulation. The establishment of a European Economic Community under the Treaty of Rome in 1958 brought about important changes in economic principles; one significant development was the idea of free competition as a publicly promoted and officially enforced safeguard of the growth of the Common Market. This change in economic thinking calls for a reexamination of the role of arbitral tribunals in Europe, with special regard to their competence in antitrust litigation.