Renato Nazzini

The Foundations of European Union Competition Law: The Objective and Principles of Article 102

Introduction -- Normative theory of competition law -- The design of the optimal abuse tests -- The objective of Article 102 -- The general framework of the abuse tests in EU law -- The tests of intent -- The as efficient competitor test -- The consumer harm test -- Defences -- Single dominance -- Collective dominance -- General conclusion.

The Law Applicable to the Arbitration Agreement: Towards Transnational Principles

This article examines the problem of the law governing the validity of the arbitration agreement. The cases of Sulamerica in the English Court of Appeal and of FirstLink in the High Court of Singapore demonstrate that leading arbitration jurisdictions around the world can come to diametrically opposite results. In particular, the alternative between the law chosen by the parties to govern their substantive legal relationship and the law of the seat of the arbitration is unlikely to be settled any time soon at international level. However, without embracing extreme approaches that purport to determine the validity of the arbitration agreement without reference to any national legal system, a more ‘transnational’ approach should be encouraged and may emerge based on three structured principles on which international convergence would be desirable, namely the non-discrimination principle, the estoppel principle and the validation principle. These principles can be developed without any conflict with the conventional conflicts of laws approach which was adopted by the English Court of Appeal in Sulamerica.