Mandatory Rules & its Effect on Enforceabilty of Arbitral Awards : The 'Second Look'  Solution 

Meenal Garg

The full chapter may be found by clicking on the PDF link to the left.

Since its inception, the courts and the disputing parties have never seen eye to eye as far as the mandatory rules are concerned. This difference of opinion exists on the traditional public-private dichotomy which is exhibited by mandatory rules. The mandatory law problem is further aggravated once the parties seek to enforce an arbitral award. This paper is an attempt to review the existing scholarship pertaining to mandatory rules. The author has firstly tried to elaborate and clarify the concept of mandatory laws in the relevant context. Secondly, the paper explores the ‘second look’ doctrine which is often overlooked by commentators and scholars. Finally, the author has advocated a liberal exercise of this doctrine with a view to bring harmony amongst diverse interests of the courts, the parties and the arbitrator