chapter  10
18 Pages

Public Order Considerations

A specific consideration, affecting the outcome of a process of legal interpretation in international commercial arbitration, is recourse to ordre public, understood as a transnational concept. A drive towards ensuring conformity of the adopted rendition of applicable rules with the demands of public international order has manifested itself in some arbitral awards to a modifying effect on the application of lex causae. In this sense, ordre public international can be seen as an interpretive directive, adopted in the practice of international commercial arbitration.