The public order exception in international trade, investment, human rights and commercial disputes
By: Zena Prodromou
Series: International arbitration law library -- volume 56; International arbitration law library -- 56
Publisher: Wolters Kluwer
Published: 2020
Place of publication: Alphen aan den Rijn, The Netherlands
Language: eng
Number of pages: 333
ISBN-13: 9789403520315; 9789403520018; 9789403520148
Subjects: International commercial arbitration; Arbitration (International law); International law and human rights; Exceptions (Law)
Description: The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes' analyses on a stand-alone as well as on a comparative basis - from a substantive and also from a procedural perspective - the public order exception?s application in international dispute resolution. Parties to international disputes increasingly invoke the need to protect the domestic public order in order to justify actions otherwise in breach of their obligations under international law. The term ?public order? nevertheless remains unclear as do the criteria and factors against which different international dispute bodies assess the parties? respective claims. This unique book presents, systematizes and synthesizes all relevant jurisprudence in this field of law, identifies points of controversy and provides practical insights on the factors and grounds that are determinate in both upholding and dismissing the exception?s application.
Notes: Includes bibliographical references (pages 279-320) and index.