Anti-Monopoly Disputes – Arbitration or Litigation?

Background:

On 29 August 2016 the Jiangsu High People’s Court made a judgement that anti-monopoly disputes between two companies are not arbitrable. In the said case, the plaintiff as a distributor of the defendant initiated a lawsuit against the defendant and claimed that the latter abused its dominant market position and imposed vertical restrains. The defendant then argued that the disputes shall be subject to arbitration to the exclusion of the jurisdiction of the court pursuant to the dis