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Overriding Mandatory Rules in International Commercial Arbitration by Hossein Fazilatfar (Hardcover, 2019)

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ISBN-13: 9781788973847, 978-1788973847. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.

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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. Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively. Legal scholars researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will students. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.