Rule of Law and Transnational Public Policy in Arbitration

Presentation

The panel discussion will address the supervisory powers exercised over international arbitration by courts at the seat of the arbitration and courts of the place of enforcement of arbitral awards. The panelists will consider the tensions in the approaches adopted by arbitral tribunals and state courts in different jurisdictions regarding their obligation to consider the expanding notion of public policy. Sanctions, anti-trust regulations, corruption and environmental obligations, to mention but a few examples, have recently given rise to conflicting approaches which need to be reconciled to ensure enforceability of arbitral awards. The panel members will provide practical tips and possible solutions. The panel discussion will be followed by a presentation of the Dentons International Commercial Arbitration Toolkit available to users throughout the world.