International Dispute Resolution and the Public Policy Exception

Nonfiction, Reference & Language, Law, Alternative Dispute Resolution, Commercial, Social & Cultural Studies, Political Science, Politics, Economic Policy
Cover of the book International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Farshad Ghodoosi ISBN: 9781317292838
Publisher: Taylor and Francis Publication: June 10, 2016
Imprint: Routledge Language: English
Author: Farshad Ghodoosi
ISBN: 9781317292838
Publisher: Taylor and Francis
Publication: June 10, 2016
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book space.time.narrative by Farshad Ghodoosi
Cover of the book Feminism and Ecological Communities by Farshad Ghodoosi
Cover of the book British Autobiography in the Seventeenth Century by Farshad Ghodoosi
Cover of the book An Archaeology of the Cosmos by Farshad Ghodoosi
Cover of the book Soviet State and Society Under Nikita Khrushchev by Farshad Ghodoosi
Cover of the book Bertrand Russell's America by Farshad Ghodoosi
Cover of the book Creative Photoshop CS4 by Farshad Ghodoosi
Cover of the book Feminist (Im)Mobilities in Fortress(ing) North America by Farshad Ghodoosi
Cover of the book The Myth of the ‘Crime Decline’ by Farshad Ghodoosi
Cover of the book The Totalitarian Experiment in Twentieth Century Europe by Farshad Ghodoosi
Cover of the book Visual Form Detection in Three-dimensional Space by Farshad Ghodoosi
Cover of the book The Modern Corporation and Private Property by Farshad Ghodoosi
Cover of the book Mental Health in Rural America by Farshad Ghodoosi
Cover of the book Alienation and Theatricality by Farshad Ghodoosi
Cover of the book Doing Archaeology by Farshad Ghodoosi
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy