ScholarLens Back to search
2016•Unpublished venueRequires access

THE ARBITRABILITY OF ANTITRUST DISPUTES: FREEDOM TO CONTRACT FOR AN ALTERNATIVE FORUM

Thomas J. Brewer

Open publisher page 0 citations

Abstract

Until recently, federal courts refused to enforce contractual provisions mandating arbitration of disputes arising under the federal antitrust laws.1 The general public interest in vigorous enforcement of the antitrust statutes, the complexity of issues often encountered in antitrust cases, the federal courts' exclusive jurisdiction over disputes arising under the federal antitrust statutes, and various other factors were all advanced to justify the courts' refusals to enforce arbitration agreements in antitrust disputes.

About this research paper

What this paper is about

Until recently, federal courts refused to enforce contractual provisions mandating arbitration of disputes arising under the federal antitrust laws.1 The general public interest in vigorous enforcement of the antitrust statutes, the complexity of issues often encountered in antitrust cases, the federal courts' exclusive jurisdiction over disputes arising under the federal antitrust statutes, and various other factors were all advanced to justify the courts' refusals to enforce arbitration agreements in antitrust disputes.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

Until recently, federal courts refused to enforce contractual provisions mandating arbitration of disputes arising under the federal antitrust laws.1 The general public interest in vigorous enforcement of the antitrust statutes, the complexity of issues often encountered in antitrust cases, the federal courts' exclusive jurisdiction over disputes arising under the federal antitrust statutes, and various other factors were all advanced to justify the courts' refusals to enforce arbitration agreements in antitrust disputes.

Key concepts: Arbitration, Statute, Enforcement, Consent decree, Jurisdiction, Law, Federal Arbitration Act, Compulsory arbitration

Related papers

Related paper 1Related paper 2Related paper 3
Back to paper searchBrowse research topicsOriginal source
THE ARBITRABILITY OF ANTITRUST DISPUTES: FREEDOM TO CONTRACT FOR AN ALTERNATIVE FORUM — Research Paper | ScholarLens