Arbitration & Public Policy as a Challenge to Arbitral Proceedings

6 Conduct of the Proceedings

10.1093/law/9780198714248.003.0006 ◽

2015 ◽

Author(s):

Blackaby Nigel ◽

Partasides Constantine ◽

Redfern Alan ◽

Hunter Martin

Keyword(s):

Public Policy ◽

Arbitral Tribunal ◽

International Arbitration ◽

Legal Regime ◽

Mandatory Rules ◽

Recognition And Enforcement ◽

The Law ◽

Arbitral Proceedings ◽

Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

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Der kartellrechtliche ordre public in der internationalen Schiedsgerichtsbarkeit

10.5771/9783748930785 ◽

2021 ◽

Author(s):

Rüdiger Morbach

Keyword(s):

Public Policy ◽

Competition Policy ◽

Competition Law ◽

State Court ◽

Legal Systems ◽

Arbitral Award ◽

Arbitral Proceedings ◽

Ordre Public

When a state court has to decide whether to enforce or to set aside an arbitral award, it examines whether the enforcement of the award would violate fundamental principles of the forum - its public policy (ordre public). Competition law provisions that are part of these principles form the state's public competition policy. It comes into play not only during the review of the arbitral award, but affects the arbitral proceedings even before they are initiated. This thesis examines all these effects and their role in ensuring the compliance of arbitral awards with competition law. While it represents the outcome of a Franco-German dissertation project, it takes into account numerous other legal systems as well.

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