This article attempts to show a jurisdictional conflict, while litigating intellectual property in investor-state dispute settlement (ISDS). At the global level, the World Trade Organization (WTO) dispute settlement body has jurisdiction to deal with any matters related to intellectual property....

National courts and arbitration laws around the globe have long proclaimed that antitrust claims are arbitrable, that is they can be submitted to and resolved in arbitration. The number of antitrust arbitrations has reportedly grown in recent years, providing a feasible route for private...

This paper considers the possibilities that the member states of the WTO would adopt some kind of antitrust provision. Initially, the paper reviews the historical relation of competition policy to trade policy, from the Havana Conference to the present. It then reviews the conflicts between the...