THE CONCEPT OF PUBLIC ORDER IN PRIVATE INTERNATIONAL LAW AND ITS PLACE IN INTERNATIONAL COMMERCIAL ARBITRATION

Document Type : Research Paper

Authors

1 Corresponding Author, Assistant Professor of Law, Tarbiat Modares University

2 Professor of Law, Tarbiat Modares University

3 Attorney at Law, Tarbiat Modares University

Abstract

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.

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