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ARTICLE · 02 FEBRUARY 2023

Key Updates On SPC's Judicial Interpretations On Monopoly Cases

Clarifying that arbitration clause in contract cannot exclude court's jurisdiction over anti-monopoly disputes. Current legislation is unclear over whether anti-monopoly cases...

ChinaAntitrust/Competition Law

Responding to several hotly debated issues in civil monopoly disputes, the Supreme People's Court (SPC) has issued new Provisions on Several Issues concerning the Application of Law in the Trial of Civil Monopoly Disputes (Draft for Comment).

In this article, the authors introduce and analyse key updated interpretations and changes proposed in the draft provisions, announced on 18 November 2022.

Clarifying that arbitration clause in contract cannot exclude court's jurisdiction over anti-monopoly disputes. Current legislation is unclear over whether anti-monopoly cases may be resolved via arbitration, which has led to different directions in judicial practice.

Article 3 of the draft now clarifies that arbitration clauses cannot exclude the court's jurisdiction over civil monopoly cases. However, frequently asked questions about arbitrability of such disputes, as well as the handling of jurisdictional objections raised during arbitration, remain unanswered.

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