Doing the assignment Essay Example | Topics and Well Written Essays - 6250 words

Doing the denomination - Essay ExampleThis trend is exemplified by Mitsubishi Motors Corp. v. Soler 1 in which the United States Supreme Court held that fair disputes arising from international contracts are arbitrable. The court reached this conclusion against the background of a long line of U.S. cases that considered just righteousness fundamental to the ideological and economic integrity of the United States. 2 Underlying the Supreme Courts decision in Mitsubishi was the presumption that the arbitrators in the case would respect the imperative provisions of the U.S. Sherman Act (which embodies U.S. antitrust principles), despite the fact that the applicable law in the case was Swiss Law. It thus seems that the increasing acceptation of international arbitrement as a legitimate alternative to litigation implies an expectation on the actuate of States that arbitrators will, like judges, respect the basic notions of justice and in appropriate cases apply the mandatory provisio ns of germane(predicate) laws. It is one thing to grant parties the power to organize their dispute resolution process in a manner compatible with their objectives it is a different matter to suggest that parties to an international arbitration are completely free from the demands of public policy and fundamental provisions of applicable laws. 3 The integrity of international arbitration and its endurance as a viable alternative to litigation would seem to rest on arbitrators persistent respect for public policy of States whose legitimate interests are implicated in arbitration disputes. Arbitrators therefore arrive at to balance their respect for the autonomy of the parties will with the need to apply mandatory provisions of laws that are relevant to the dispute.In this chapter, we will examine the impact of mandatory rules in resolving the merits of a dispute forwards international arbitrators. The problem posed by mandatory rules in international arbitration will be put in perspective by