The Duty of Arbitrators to Raise of Their Own Motion Issues of Competition Law in International Arbitration

Abstract

This paper is about competition law and international arbitration. The paper takes a conflict of laws-style approach to answer two main questions: first, whether arbitrators should have a duty to raise issues of competition law of their own motion, even if the parties have not raised those legal arguments themselves; and second, whether New Zealand competition law could ever have overriding and extraterritorial effect with respect to an overseas transaction involving a New Zealand business. The paper answers both questions in the negative.