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<p>Although a contract may stipulate that disputes arising out of or in relation to its performance should be submitted to an arbitration commission, when the dispute in question not only concerns the rights and obligations of the contractual parties but also whether a third party has a dominant market position and, if so, whether it has abused said dominant market position, the contractual arbitration agreement cannot be used as grounds to exclude the jurisdiction of a People’s Court. Such is because the question of whether the third party carried out monopolistic activities has a direct impact on fair competition and market order, as well as the interests of consumers and the wider public.</p>

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“Arbitration Clause”

  • 期刊论文

  • 发表日期：

    2025年4月1日

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摘要

Although a contract may stipulate that disputes arising out of or in relation to its performance should be submitted to an arbitration commission, when the dispute in question not only concerns the rights and obligations of the contractual parties but also whether a third party has a dominant market position and, if so, whether it has abused said dominant market position, the contractual arbitration agreement cannot be used as grounds to exclude the jurisdiction of a People’s Court. Such is because the question of whether the third party carried out monopolistic activities has a direct impact on fair competition and market order, as well as the interests of consumers and the wider public.