Overriding mandatory rules in international commercial arbitration / Hossein Fazilatfar.

Format:

Book

Author/Creator:

Fazilatfar, Hossein, author.

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration (International law).

Physical Description:

1 online resource (224 pages)

Place of Publication:

Northampton : Edward Elgar Publishing, 2019.

Summary:

"Arbitrators, unlike judges, are appointed by parties to resolve their transactional disputes. Because of such contractual appointment, arbitrators gain their authority from the parties, and thus must apply the law chosen by the parties to the dispute before them. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. The arbitrator, as a private adjudicator, has a duty to resolve a potential conflict that may arise between the law chosen by the parties and another mandatory law(s) that claims application and is not chosen by the parties. This book discusses the applicability of these mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award. Master's and PhD students researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will legal scholars. It will also prove helpful to practitioners, including arbitrators, attorneys and judges, as they deal with mandatory rules in practice"-- Provided by publisher.

Contents:

Contents: Foreword

Preface

1. Public policy and mandatory rules of law: Definition, distinction, and function

2. Arbitrability of overriding mandatory rules

3. The role of overriding mandatory rules before arbitration tribunals

4. Overriding mandatory rules and the judicial review of international arbitral awards

5. Approaches to mandatory rules in international arbitration

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781788973854