Originally from Mandatory Rules in International Arbitration

I. Introduction

The application of mandatory rules has been described as one of the most difficult issues in international commercial arbitration.1 By “mandatory rule,” I mean an imperative rule of law that cannot be excluded by agreement of the parties. This chapter does not seek to provide a comprehensive analysis of the topic.2 It has the more modest objective of explaining from an English law3 perspective why arbitral tribunals need to be aware of the issues and to suggest an approach that tribunals might follow to satisfy themselves – as best they can – that the procedure they adopt and the award(s) they issue do not violate any applicable mandatory rules that could render the award unenforceable.