Mandatory Rules in International Arbitration

Edited by George A. Bermann and Loukas Mistelis

{Juris Pub.: 2011}

Fall 2011

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A new book co-edited by Professor George A. Bermann examines the role of mandatory rules in international arbitration, an area of the law that has become increasingly relevant amid rapid globalization in recent decades.

The issue of whether mandatory rules—that is, legal norms that cannot be abrogated by mutual agreement between the respective parties—are applicable in the sphere of international arbitration has generated considerable debate in the field. Bermann and his co-editor, Loukas Mistelis of Queen Mary University of Law, convened leading academics and practitioners at a June 2007 workshop to discuss the issue. The result was the series articles collected in this book, which explores the role and relevance of mandatory rules in international civil litigation, international commercial arbitration, investment arbitration, and investment treaty arbitration, among other spheres.

“The notion of mandatory rules of law has long been of interest in private international law,” Bermann writes in his introduction to the book, which was released this past winter. “It is no wonder that the subject has also emerged as something of a preoccupation of those who are involved in the world of international commercial arbitration.”
 

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