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"Preface" [2019] ELECD 2861; in Fazilatfar, Hossein (ed), "Overriding Mandatory Rules in International Commercial Arbitration" (Edward Elgar Publishing, 2019) viii

Book Title: Overriding Mandatory Rules in International Commercial Arbitration

Editor(s): Fazilatfar, Hossein

Publisher: Edward Elgar Publishing

Section Title: Preface

Number of pages: 2

Extract:

Preface
This book focuses on the role mandatory rules of law play in international
commercial arbitration. I decided to write this book due to the important impli-
cations of applying or not applying mandatory rules by arbitrators. Another
reason is also the dynamic, the fascination and the stimulating intellectual
challenge mandatory rules bring to dispute resolution. The challenge is most
evident in conflict of laws in international arbitration, which is inherently
embedded in arbitration due the unique role of arbitrators as private adjudi-
cators, and arbitration as a private dispute resolution process with its own
attributions.
But what is that challenge? Arbitrators, unlike judges, are appointed by the
parties to resolve parties' transactional disputes. On the one hand, because of
such contractual appointment, arbitrators gain their authority from the parties,
and thus must apply the law chosen by the parties to the dispute before them.
On the other hand, however, there are overriding mandatory laws of other
jurisdictions, not chosen by the parties, that due to their imperative character
may claim application to the dispute. These mandatory laws may belong to the
places of arbitration, the performance of the transaction, and/or the enforce-
ment of the award. The arbitrator, as a private adjudicator, has a duty to resolve
a potential conflict that may arise between the applicable law chosen by the
parties and another mandatory law(s) that claims application and is not chosen
by the parties. While, at the same time, the arbitrator ought to issue an award
...