The concept of public order as bases for annulment of an award in the case of international commercial arbitration

Abstract

This research focuses on analyzing the concept of public order as bases for annulment of an award in the case of international commercial arbitration. The study begins with a description of the main features of arbitration in Chile in two versions: national and international. Subsequently, the three guiding principles of international arbitration that distinguish it from domestic arbitration are identified and explained, namely, full respect for the autonomy of the parties, the arbitrator complete freedom to develop the relevant procedure and the limited intervention of the local judiciary. The second section of the research is devoted to studying the concept of public order as bases for annulment of international awards. This section describes the elements that both the doctrine and the courts in various jurisdictions have identified in their effort to define the meaning of the concept.