International Dispute Resolution and the Public Policy Exception (Hardback) book cover

International Dispute Resolution and the Public Policy Exception

By Farshad Ghodoosi

© 2017 – Routledge

152 pages

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Hardback: 9781138183612
pub: 2016-07-12
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pub: 2016-06-10
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About the Book

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it.

This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts.

The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Table of Contents

I. Brief History of the Notion of Public Policy in English Common Law

II. Brief History of Public Policy as Regulatory Planning in the United States

III. Economics of the Public Policy Doctrine

IV. Public Policy in Abitration

V. A Background on International Dispute Resolution

VI. Theorizing International Arbitration

VII. Transnational Public Policy in Contemporary International Commercial Arbitration

VIII. Development of Transnational Public Policy in International Law

About the Author

Farshad Ghodoosi holds J.S.D (The Doctor of the Science of Law) from Yale Law School where he was a Howard M. Holtzmann Fellow in international dispute resolution. He also served as a Weinstein fellow in alternative dispute resolution, co-president of Yale Society of International Law and a senior editor of Yale Journal of International Law.

About the Series

Routledge Research in International Commercial Law

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Subject Categories

BISAC Subject Codes/Headings:
BUS110000
BUSINESS & ECONOMICS / Conflict Resolution & Mediation
LAW000000
LAW / General
LAW003000
LAW / Alternative Dispute Resolution
LAW006000
LAW / Arbitration, Negotiation, Mediation
LAW014000
LAW / Commercial / General
LAW014010
LAW / Commercial / International Trade
LAW051000
LAW / International
POL011020
POLITICAL SCIENCE / International Relations / Trade & Tariffs
POL021000
POLITICAL SCIENCE / International Relations / Treaties
POL024000
POLITICAL SCIENCE / Public Policy / Economic Policy
POL028000
POLITICAL SCIENCE / Public Policy / General
SOC026000
SOCIAL SCIENCE / Sociology / General