The notion of mandatory rules of law has long been of interest in private international law. It is no wonder that the subject has also emerged as something of a preoccupation of those who are involved in the world of international commercial arbitration. As both legal academics and international arbitrators, the editors of this book took a keen interest in how mandatory rules might “fit” into the international arbitration picture. To better understand the phenomenon of mandatory rules (and to gauge whether its importance might possibly even be exaggerated in the international arbitral context), the editors convened at Columbia Law School at a workshop under the joint auspices of Columbia and the School of International Arbitration at Queen Mary University of London. The workshop gathered a small number of leading academics and practitioners to consider whether the notion of mandatory rules of law has a place in international arbitration and, if so, how it might best be accommodated
About the Authors
Part I. Mandatory Rules in International Litigation
Part II. Mandatory Rules in International Commercial Arbitration
Does International Arbitration Need a Mandatory Rules Method?
Alexander K.A. Greenawalt
Part III. Mandatory Rules and Investment Arbitration
"This book is compulsory reading on an important and challenging topic of international commercial arbitration. Hopefully it will find its way to those in arbitration law or practice struggling with apparently conflicting demands between trade liberalism and party autonomy on the one hand and protection of public interests on the other."
-Filip De Ly, Professor of Law at Erasmus School of Law
"A masterful treatment of an increasingly significant topic."
-William W. Park, Professor of Law, Boston University; President, London Court of International Arbitration; General Editor, Arbitration International
"This important collection of chapters from experienced practitioners, arbitrators and academics confirms what we have long, and instinctively, known: a circumscribed set of rules applies in every arbitration, no matter the seat, applicable law, nationality of the parties and tribunal, or administering institution. More importantly, this book assists in the next step: identifying the source and defining the content of mandatory rules. The verb "assists" is important because we also know there are no easy answers to these questions, which require careful balancing of a dizzying array of multiple interests and issues: freedom of contract/party autonomy and public policy/ordre public; individual rights and State sovereignty; private and public international law; civil and common law; domestic, international and transnational law; procedural and substantive law; territorial and extraterritorial scope of laws; and the proper role of courts and arbitration tribunals in resolving disputes. The book is also very practical, for example, warning that there are (potentially) 26 mandatory rules applicable to an arbitration seated in London and illustrating (potentially) bullet-proof arbitration and choice-of-law clauses."
-Lucy Reed, Partner and Co-Head of the International Arbitration Practice Group, Freshfields Bruckhaus Deringer LLP, Former President of the American Society of International Law.