ABSTRACT
This introduction presents an overview of key concepts discussed in the subsequent chapters of this book. The book traces the genealogy and paradigm shifts of the doctrine of public policy in the history of common law. It investigates the underpinning political philosophy of arbitration. The book suggests that the idea of arbitration challenges the prevailing paradigm of modern statehood, a contention which places it in a structural tension with not only the judicial system but the very notion of modern statehood. It revisits the concept of public policy, as it is pertinent to the discussion of enforcement of contractual terms, arbitral awards and foreign judgments. The book concludes that arbitral bodies should begin to assess public policy through balancing. Following the US Supreme Court case Mitsubishi v. Soler, it is sufficient for an arbitral body to pay due consideration to public policy matters without any need for courts to re-consider the case on merits at the enforcement stage.
