The relationship between arbitration and public policy raises fundamental questions concerning the scope of jurisdiction of an arbitral tribunal and the role of arbitral tribunals in safeguarding mandatory legal principles.
This session will examine these questions through a formal debate, rather than a conventional panel discussion. Two teams of experienced arbitration practitioners will present opposing positions on the motion:
“This House Believes that Arbitral Tribunals Should Be Empowered to Consider Public Policy Issues.”
The debate will invite consideration of the extent to which public policy issues may, or should, fall within the remit of arbitral tribunals in the UAE, and the implications of such an approach for the arbitral process, the enforceability of awards and the role of the national courts.
A panel of three distinguished judges will preside over the debate, engaging with the arguments advanced by both sides and assessing the competing perspectives. Following the conclusion of the debate, the judges will offer their closing observations and reflections on the issues raised.
Bringing together advocacy, legal analysis and judicial perspective, the session promises a nuanced examination of a question of increasing significance to arbitration practitioners in the UAE.
