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Examine the Role of International Arbitration in European Commission Competition Law.


DUBLIN, Ireland -- Research and Markets (http://www.researchandmarkets.com/reports/c43020) has announced the addition of "The Use and Utility of International Arbitration in EC Commission Merger Remedies" to their offering.

This new book seeks to analyse and discuss the European Commission's recent use of arbitration clauses as a mechanism for the judicial monitoring of especially behavioural remedies in the context of EC merger control. As the discussions will show, despite the partially "pathological" nature of some of those clauses, international arbitration appears to be an ideal tool to provide for the merging parties' medium- to long-term compliance with the remedies they have undertaken in order to obtain clearance of their proposed merger from the Commission. The Commission has taken this opportunity to try to tailor international arbitral ar·bi·tral  
adj.
Of or relating to arbiters or arbitration.

Adj. 1. arbitral - relating to or resulting from arbitration; "the arbitral adjustment of the controversy"; "an arbitrational settlement"
arbitrational
 mechanisms to its specific needs in controlling the correct implementation by the merging parties of the remedies in question.

Against this background, it is arguable that the Commission's practice to date has given rise to the development of a unique supranational-type arbitration. With this in mind, the book will make the case for the nascence of "supranational Supranational

An international organization, or union, whereby member states transcend national boundaries
or interests to share in the decision-making and vote on issues pertaining to the wider grouping.
 arbitration" with a view to adjudicating the performance of behavioural remedies in the field of European merger control and, hence, demonstrate the emergence of the supranational arbitrator. The book also comprises a practical analytical annex on all relevant Commission decisions in the field.

About the author

Gordon Blanke is a practicing solicitor with SJ Berwin LLP LLP - Lower Layer Protocol , London, where he specialises in International Arbitration and European Competition Law. He regularly advises clients in international arbitrations and assists well-known arbitrators in the conduct of the arbitral proceedings. Gordon Blanke is a member of the Chartered Institute of Arbitrators The Chartered Institute of Arbitrators is a London based membership organisation for arbitrators for the promotion and facilitation of dispute resolution. Historically, the Institute has focused primarily upon arbitration, but since the 1990s, it has taken a greater role in  in London, the ICC ICC

See: International Chamber of Commerce
 Commission on Competition, the ICC Task force for Arbitrating Competition Law Issues and the ICC UK National Committee. He was educated at the London School of Economics and Political Science London School of Economics and Political Science, at London, England; founded 1895, recognized as a school of the Univ. of London (see London, Univ. of) in 1900. , the cole Nationale d'Adminstration, the Diplomatic Academy Vienna, the Inns of Court School of Law The Inns of Court School of Law, often abbreviated to ICSL, is a professional legal training institution based in London in Gray's Inn. Up until 1999 the ICSL had a monopoly on the provision of the Bar Vocational Course, the obligatory professional training for would-be  in London, the University of Luxembourg The University of Luxembourg is the only university in Luxembourg, founded on 13 August 2003 amid much fanfare. Prior to that, there were several higher educational institutions such as the cour universitaire or the IST that offered one or two years of academic studies.  and Robert Schuman Strasbourg and the Universidad Complutense de Madrid.

Key Chapters Include:

Chapter 1 Preliminaries on EC Merger Control and International Arbitration

Chapter 2 The Role of International Arbitration in EC Competition Law

Chapter 3 The Commission's Use of International Arbitration in EC Merger Control (I): Setting The Parameters

Chapter 4 The Commission's Use of International Arbitration in EC Merger Control (II): Drafting Arbitration Clauses - The Utility of the Commission's Practice

Chapter 5 The Role of the European Commission as Amicus Curiae amicus curiae

(Latin: “friend of the court”) One who assists a court by furnishing information or advice regarding questions of law or fact. A person (or other entity, such as a state government) who is not a party to a particular lawsuit but nevertheless has a
 in EC Merger-Remedy-Related Arbitrations

Chapter 6 Conclusion: A Novel Supranational Paradigm in the Making

For more information visit http://www.researchandmarkets.com/reports/c43020
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Publication:Business Wire
Date:Oct 3, 2006
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