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"Overriding mandatory rules and the judicial review of international arbitral awards" [2019] ELECD 2868; in Fazilatfar, Hossein (ed), "Overriding Mandatory Rules in International Commercial Arbitration" (Edward Elgar Publishing, 2019) 108

Book Title: Overriding Mandatory Rules in International Commercial Arbitration

Editor(s): Fazilatfar, Hossein

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Overriding mandatory rules and the judicial review of international arbitral awards

Number of pages: 40

Abstract/Description:

This chapter mainly deals with substantive mandatory laws before judges, and how arbitration awards – that have dealt with mandatory laws – are perceived by courts. At the end of the arbitration proceedings, courts are the only system that have authority to give legal effect to awards, with the vacatur, and with recognition and enforcement power granted to them exclusively by the legislature and under the New York Convention (1958). The main judicial control over awards is seen at this stage. In this chapter those grounds for vacatur, and the recognition and enforcement of arbitral awards with respect to mandatory laws, or mandatory law violations by the arbitration panels, are addressed. The chapter further deliberates on the role mandatory rules play before courts. In particular, the role of mandatory laws of the forum are given detailed consideration. Due to the importance of foreign mandatory laws, there is also discussion on the authority and criteria for applying foreign mandatory laws by courts. There is also a short reference to the role of comity in foreign mandatory law applications by judges.