Originally from Mandatory Rules in International Arbitration

I. Introduction

[When] we are taking about the processes by which disputes are resolved, I think it is to an overstatement to say that here too, ethical questions are likely to resolve themselves at bottom into issues of contract interpretation strongly leavened with considerations of prudence.1

When presented with the topic of this panel – when asked to say something about how “international commercial arbitrators should deal with mandatory rules of law” – one’s first reaction is to say simply, “very carefully” – and then sit down. After having listened to this you may well conclude that this might after all have been the safest course – that I would have done well to yield to the temptation.