By Yasmine EDDAM
4 April 2025
International arbitration is attractive because of the freedom it offers the parties: freedom to choose their judges, the procedure, the applicable rules of law, etc. This flexibility is invaluable in the complex context of global trade. But is this autonomy of will boundless? Are there higher principles, mandatory rules that even private justice cannot ignore? The answer is yes. Concepts such as public policy and public order place limits on contractual freedom and the role of the arbitrator. In addition, the interaction with certain specific areas, such as competition law, raises complex questions about the arbitrability of disputes and the control exercised over awards. This article explores these frontiers of international arbitration. Over and above the rules that the parties choose to govern their contract, some states enact laws that are considered to be mandatory....
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