Originally from World Arbitration And Mediation Review (WAMR)

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NEW TOOLS FOR AN OLD QUEST: A COMMENTARY ON JAN KLEINHEISTERKAMP,

THE IMPACT OF INTERNATIONALLY MANDATORY LAWS ON THE ENFORCEABILITY OF ARBITRATION AGREEMENTS
TaiHeng Cheng*

I. From the Code of Hammurabi promulgated in Babylon around the 18th century B.C.,1 to the Constitution of the Republic of Kosovo adopted in Pristina on April 9, 2008,2 ruling entities have claimed ultimate authority to settle disputes within their states. This claim is unsurprising. The ruling entity must exercise effective control over disputes in its territory in order to protect the state’s interests and promote its public policies. Without authority and control over disputes, the sovereignty of a putative state may be questioned