Arbitration and Mandatory Rules

Luca Radicati Di Brozolo

Research output: Contribution to journalArticle

Abstract

This article examines the relationship between mandatory rules and international arbitration. The first facet of this relation is arbitrability, which is now no longer a debated issue since it is recognized in all systems that mandatory rules do not hinder the possibility of a dispute being settled by arbitration. The second facet relates to the treatment of mandatory rules by arbitrators. The article explores the approach that arbitrators must take to deciding which mandatory rules to apply and how to apply them, including the relations with public authorities. The third facet of the problem is the approach to be taken by the courts in the review of awards involving mandatory rules. It considers the different problems that arise in relation to the review of awards according to the standard of public policy, including the extent and intrusiveness of the review, taking into consideration the primary interest of finality of awards.
Original languageEnglish
Pages (from-to)49-74
Number of pages26
JournalTHE AMERICAN REVIEW OF INTERNATIONAL ARBITRATION
Volume23
Publication statusPublished - 2012

Keywords

  • Arbitration
  • Mandatory rules

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