1st Edition

International Dispute Resolution and the Public Policy Exception

By Farshad Ghodoosi Copyright 2017
164 Pages
by Routledge

164 Pages
by Routledge

164 Pages
by Routledge

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,... Read more

 

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

Biography

 

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.