• ANIMI POORNIMA
• THAMIDELA MYTHRI DEVI

The development of competition law in India is still in its infant stage and recent court ruling appears to uphold the conventional opinion of non-arbitrability of competition issues. This has made India one of the few nations which still believe in the old and conventional view of keeping competition law disputes beyond the scope of arbitrability. In the recent times, market has witnessed the participation of various new players as a result of emergence of the start-up trend offering product lines and services of varied nature and catering to the needs of the consumers, which is not limited to national territorial bounds but viewed largely towards cross border exports and imports. This movement has led the government of nations across the globe to alter, amend and introduce laws which can cater to the needs of the global audience with the overall development globally and advancement in science and technology. Amidst these changing trends and more importantly, in the absence of any clear uniform legislative intent, it is difficult to analyse if India should proceed towards the global acceptance of contemporary opinion of arbitrability of competition issues or continue submitting itself to the conventional approach of disallowing arbitrability of competition issues or find a mid-way to cater the needs of Indian audience as observed in the United States. Thus, accepting arbitration of disputes involving violation of competition law disputes gives way to hurdles in the exercise of the duty by an arbitrator as to maintain confidentiality and the general duty towards the government. Authorization of arbitrability of disputes involving competition law also raises the concerns such as claims by non-signatories to the agreement under investigation, access to information in the exclusive domain of investigating authority which might not otherwise be available to the arbitrator, pre-defined scope of arbitrable agreements and most importantly, the public policy concerns.

Key words: Arbitration, Competition, India, Jurisdiction

"TREATMENT OF ANTI-COMPETITIVE DISPUTES AND ARBITRATION IN INDIAN JURISDICTION", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 5, page no.b441-b455, May-2022, Available :http://www.jetir.org/papers/JETIR2205161.pdf

"TREATMENT OF ANTI-COMPETITIVE DISPUTES AND ARBITRATION IN INDIAN JURISDICTION", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 5, page no. ppb441-b455, May-2022, Available at : http://www.jetir.org/papers/JETIR2205161.pdf