What should you do when an antitrust dispute arises between the parties and your contract is governed by PRC law or Hong Kong law? Can you resolve the dispute by arbitration? If your contract is governed by PRC law, as suggested by a recent Supreme People’s Court case on the arbitrability of an antitrust dispute, the answer is probably no. Whereas if your contract is governed by Hong Kong law, the answer is a firm “no” under the Competition Ordinance, at least if the dispute relates to a statutory claim for compensation under the HK legislation.
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