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仲裁是一种由与争议无关的第三人解决当事人之间争议的方法,在国际商事交往中被广泛采用作为纠纷解决的方式。国外已有通过仲裁机制解决因垄断导致纠纷的判例,这对于反垄断调整机制的创新有重要的借鉴意义。涉及垄断行为的纠纷大部分需要通过公法行为来解决,不适合通过仲裁方式解决,但是部分涉及垄断行为的案件,出于对当事人的尊重与对国际商事交往的尊重,可以适用仲裁方式解决。
Arbitration is a method of settling disputes between parties by a third party unrelated to the dispute. It is widely adopted in international commercial transactions as a means of dispute resolution. Arbitration mechanism has already been adopted abroad to solve the precedent of dispute caused by monopoly, which is of great significance to the innovation of anti-monopoly adjustment mechanism. Most cases involving monopolistic behavior need to be solved through public law and are not suitable for settlement through arbitration. However, some cases involving monopolistic behavior can be resolved by applying arbitration methods out of respect for the parties and respect for international commercial exchanges.