Arbitrability of competition disputes in international commercial arbitration

Throughout history, international trade has become faster, more complex, and more multilateral due to globalization, technological developments, and digitalization. This transformation has led to an increase in cross-border transactions and the emergence of new legal issues in areas where different legal systems intersect. In this context, it has become necessary to address international trade not only in its economic aspects but also in its legal dimensions in a comprehensive manner. In light of increasing disputes, the need for predictable, impartial, and effective methods of resolution has brought the arbitration institution to the forefront. The autonomy granted to the parties makes arbitration attractive; however, this autonomy is not of an absolute nature. Due to its judicial character, arbitration is directly related to the sovereign authority of the state. In this scope, the concept of arbitrability and the public policy intervention that defines its boundaries are examined in our study within the context of competition disputes. Competition law is one of the fundamental elements of international commercial life. Approaches to this field vary on a global scale. Over time, various changes in approach to this field have occurred in our country as well as in the legal systems of the United States and the European Union. One of the most striking of these changes concerns whether competition disputes can be resolved through arbitration. In Turkish law, this issue has been the subject of ongoing debate. Similarly, there are significant judicial decisions regarding this issue in the legal systems of the European Union and the United States. These decisions have led to debates in legal doctrine. This study aims to address the arbitrability of competition disputes within the context of international commercial arbitration. In the first section, the concept of arbitration is explained, and the notion and types of arbitrability are examined. Subsequently, the relationship between arbitration and public policy is discussed, and the general limits of arbitrability are outlined. Following the general discussion of the arbitration institution, the issue of arbitrability of disputes arising from competition law is addressed. In the final section of our study, the arbitrability of competition disputes within the framework of Turkish law and the judicial review of such disputes in arbitration are examined. In this context, the study aims to establish a legal framework regarding the arbitrability of competition disputes in terms of international commercial arbitration.