LCF26 | Competition Law Beyond the Courts: The Rise of Arbitration

Value of the Information & Strength of the Argument

The video provides valuable practical insights into the intersection of arbitration and competition law. The speakers argue persuasively that arbitration is a well-suited forum for private antitrust disputes, emphasizing the importance of economic evidence in proving both liability and quantum. The inclusion of a real case (Mikula v. Romania) effectively illustrates the conflict between investment protection and state aid rules. The arguments are presented coherently, with each expert building on the previous points. The discussion is substantive and avoids superficiality, offering concrete procedural and strategic considerations. The panel’s collective experience lends credibility to their claims, though the arguments would be strengthened by referencing specific academic literature or empirical data.

Scientific Rigor, Source Quality, Title Accuracy

The rigor of the discussion rests on the professional expertise of the panelists rather than on citation of external sources. While the content is consistent with established legal frameworks, the lack of explicit references to legal texts, cases, or economic studies limits its verifiability. The title accurately captures the subject matter, which is clearly focused on the rise of arbitration in competition law. The discussion is well-structured and stays on topic throughout. No comments were provided for analysis, so audience feedback cannot be assessed.

The title accurately reflects the content: the panel discusses the increasing role of arbitration in resolving competition law disputes outside courts.

8/10

Panel of experienced legal practitioners and academics discussing arbitration in competition law. The discussion is informed and practical, but no specific sources are cited, relying on the speakers' expertise. Overall, high reliability due to professional backgrounds.

Markers derived by PSI from the transcript: the creator did not define chapters.

• 00:00Introduction and definition of arbitration in competition law
• 05:30Differences between mediation and arbitration
• 12:00Role of economic analysis in arbitration
• 20:00Investment arbitration and state aid conflicts
• 30:00Access to evidence and the EU Private Enforcement Directive
• 40:00Practical considerations for corporations in choosing arbitration

• New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Mentioned as the basis for enforcement of arbitral awards across many countries.
• Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions — Cited for its definition of consensual dispute resolution and tools like document production that impact arbitration.