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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
International Dispute Resolution and the Public Policy Exception

International Dispute Resolution and the Public Policy Exception

Ghodoosi, Farshad

Hardcover

Series: Routledge Research in International Commercial Law

General LawGeneral Political Science

ISBN10: 113818361X
ISBN13: 9781138183612
Publisher: Routledge
Published: Jul 12 2016
Pages: 164
Weight: 0.91
Height: 0.44 Width: 6.14 Depth: 9.21
Language: English

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the public. The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are truly transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion--a safety valve and a control mechanism for today's international and domestic international dispute resolution-- no major study has ventured to review and analyze it.

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