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Pace University

2007

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Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt Jan 2007

Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt

Pace Law Faculty Publications

The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers ...