Chapter 16 - Arbitration And Public Policy - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
16.1. The Role of Public Policy
We will examine the issue of public policy in arbitral proceedings within the framework of a brief summary of public policy in general, a topic that has already been widely touched on in the relevant literature.1
First a distinction must be made between statutory provisions that cannot be derogated from, because they protect private interests against a stronger contracting party, and those that may not be derogated from, because they protect the public interest. The latter only form part of public policy.
When a legal relationship contains elements foreign to a particular legal system, one must establish the law applicable to it.
If a foreign law happens to be applicable to it, it is generally accepted although subject to some specified limits.
CHAPTER 16: ARBITRATION AND PUBLIC POLICY
16.1 The Role of Public Policy
Distinctions within Public Policy
16.2 Public Policy and Normes d’Application Immediate
16.3 Public Policy, Fraude à la Loi and Procedural Fraud
16.4 Domestic Public Policy and International Public Policy – Transnational Public Policy
16.5 Foreign Public Law
16.6 Substantive Public Policy
16.7 Procedural Public Policy
16.8 Substantive Public Policy
16.9 Human Rights and Other International Conventions
16.10 Time to Establish Public Policy