Re-calibration of Curial In­ter­ven­tion in Public Policy Chal­lenges Against Ar­bit­ral Awards

De­vel­op­ment sum­mary

This Journ­al of In­ter­na­tion­al Ar­bit­ra­tion art­icle by Darius Chan and Elias Khong ad­dresses the ten­sion between the fi­nal­ity of ar­bit­ral awards and courts’ role in safe­guard­ing public policy when an award is chal­lenged on public-policy grounds. It sur­veys ap­proaches across jur­is­dic­tions, in­clud­ing the very strict review stance gen­er­ally ad­op­ted in common law au­thor­it­ies, and pro­poses an al­tern­at­ive common-law ap­proach de­signed to strike a better bal­ance among the com­pet­ing in­terests.