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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT
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ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016
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Paper Title: ARBITRABILITY OF THE ANTI-COMPETITIVE DISPUTES IN INDIA – A COMPARATIVE TRAVERSAL THROUGH THE LEGAL FRAMEWORKS IN THE US AND EU
Authors Name: Suhas M S
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IJNRD_186067
Published Paper Id: IJNRD2301179
Published In: Volume 8 Issue 1, January-2023
DOI:
Abstract: The interaction between the public-spirited Anti-trust laws and the party-centred Arbitration laws has fomented a great deal of discourse on the congruence and degree of harmony between these two islands of law. A prima facie outlook on the aforesaid interplay might suggest an apparent incongruence and incompatibility, for the former caters to the larger public interests and the latter, to the personal commercial interests. However, one cannot overlook the silver lining that a convergence offers. This Research Paper attempts to traverse through the judicial exegesis and jurisprudential interplay of these laws in the EU, under the Treaty on the Functioning of the European Union (TFEU) and the Anti-trust laws in the US to juxtapose the interpretational underpinnings of the convergence with the bedrock of the public and private law divide vis-à-vis the arbitrability of the anti-trust disputes in India. In the light of the foregoing observations, the Researcher prudently assumes legal conundrum as regards the scope and limitations of arbitration. In furtherance of the above, the Researcher attempts to examine the nitty-gritties of this interplay against the backdrop of the relevant provisions of the laws of contracts. Although, there are volumes transcribed on the aforesaid interplay, there is a larger area uncovered as regards the congruence of these two apparently contradictory laws in India, in the light of which, the researcher, hereby sets out to collate and excavate the nuts and bolts of this legal juxtaposition, to foreground their viewpoints and perspectives thereof.
Keywords: Anti-trust, Arbitration, Interplay, Competition, Market.
Cite Article: "ARBITRABILITY OF THE ANTI-COMPETITIVE DISPUTES IN INDIA – A COMPARATIVE TRAVERSAL THROUGH THE LEGAL FRAMEWORKS IN THE US AND EU", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 1, page no.b647-b649, January-2023, Available :http://www.ijnrd.org/papers/IJNRD2301179.pdf
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ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator
Publication Details: Published Paper ID:IJNRD2301179
Registration ID: 186067
Published In: Volume 8 Issue 1, January-2023
DOI (Digital Object Identifier):
Page No: b647-b649
Country: Bengaluru, Karnataka, India
Research Area: Other
Publisher : IJ Publication
Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2301179
Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2301179
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
Journal Starting Year (ESTD) : 2016

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