University of Tehran Law Quarterly 2588-5618 43 1 2013 04 21 THE CONCEPT OF PUBLIC ORDER IN PRIVATE INTERNATIONAL LAW AND ITS PLACE IN INTERNATIONAL COMMERCIAL ARBITRATION THE CONCEPT OF PUBLIC ORDER IN PRIVATE INTERNATIONAL LAW AND ITS PLACE IN INTERNATIONAL COMMERCIAL ARBITRATION 93 111 35282 10.22059/jlq.2013.35282 FA Morteza Shahbazinia Corresponding Author, Assistant Professor of Law, Tarbiat Modares University Mohammad Isaei Tafreshi Professor of Law, Tarbiat Modares University Hossein Elmi Attorney at Law, Tarbiat Modares University Journal Article 2012 12 26 Public order has a long history and a great role in private law and international commercial arbitration; as much as can be said: public order is one of the most important limitations of party autonomy (contractual freedom) in private law and international commercial arbitration. However, legal experts disagree about the meaning of this term. Some of lawyers and jurists have made great efforts to define this term. But some of them have believed that it is indefinable. In this paper, after reviewing the history of public order, the concept of public order in private international law, public order's types and its position or place in international commercial arbitration has been scrutinized. Public order has a long history and a great role in private law and international commercial arbitration; as much as can be said: public order is one of the most important limitations of party autonomy (contractual freedom) in private law and international commercial arbitration. However, legal experts disagree about the meaning of this term. Some of lawyers and jurists have made great efforts to define this term. But some of them have believed that it is indefinable. In this paper, after reviewing the history of public order, the concept of public order in private international law, public order's types and its position or place in international commercial arbitration has been scrutinized.

https://jlq.ut.ac.ir/article_35282_2464697da3f1c7c703c045a0b83b3b4c.pdf