Redefining public policy in international arbitration of mandatory national laws.

From: Defense Counsel Journal | Date: April 1, 1997| Author: | Copyright information

International arbitration agreements are an important way to resolve the difficulties involved when disputes occur between international commercial participants. However, the exemption of issues related to national public policy is essential to prevent national courts from opposing international arbitration agreements because they are used to avoid mandatory laws. Arbitration agreements can also be written to choose lex mercatoria as the applicable law to protect parties from being subject to unfamiliar national law forums.

The health of international trade depends on a viable arbitration ...

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