Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international arbitration.
Oh, What a Tangled Web We Weave: The Implications of Conflicting Domestic Policy on Arbitrability and Award Enforcement,
38 Hastings Int'l & Comp. L. Rev. 141
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