THE CONCEPT OF PUBLIC ORDER IN PRIVATE INTERNATIONAL LAW AND ITS PLACE IN INTERNATIONAL COMMERCIAL ARBITRATION | ||
| مطالعات حقوق خصوصی | ||
| Article 6, Volume 43, Issue 1, May 2013, Pages 93-111 PDF (288.83 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jlq.2013.35282 | ||
| Authors | ||
| Morteza Shahbazinia* 1; Mohammad Isaei Tafreshi2; Hossein Elmi3 | ||
| 1Corresponding Author, Assistant Professor of Law, Tarbiat Modares University | ||
| 2Professor of Law, Tarbiat Modares University | ||
| 3Attorney 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. | ||
| Keywords | ||
| Public Order; private international law; International Commercial Arbitration; Party Autonomy | ||
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