Environmental Engineering Reference
In-Depth Information
Under ICC proceedings, Morocco has been chosen as a seat of arbitration only
once.
577
The statistics of the ICC reveal that Western parties do not tend to choose
an Arab country as the seat of arbitration.
578
When an Arab country is involved, the
most popular seat of arbitration is Paris.
579
The choice of Arab law as applicable
law in ICC cases has varied over the years.
580
In the majority of ICC cases, Western
laws were the applicable law, whereby French and Swiss law were frequent
choices.
581
Moroccan law was rarely chosen.
582
2.7 Public Policy
Finally, there is the issue of public policy. Public policy and
ordre public
are
comparable, whereas public policy relates more to states with a common law
tradition and
ordre public
to states with a civil law tradition.
583
Therefore
ordre
public
and public policy will be treated alike. In Islamic and Western countries,
there is a big difference in the understanding of public policy.
584
One of the major
problems of public policy is that it varies from state to state.
585
Public policy has a
kind of supervisory role within arbitration proceeding, as it should correct awards,
which are against fundamental principles of the host states legal framework.
586
As
the ILC proposed:
[T]he international public policy of any State includes: (i) fundamental principles,
pertaining to justice or morality, that the State wishes to protect even when it is not directly
concerned (ii) rules designed to serve the essential political, social or economic interests of
the State, these being known as “
lois de police
” or “public policy rules” and (iii) the duty of
the State to respect its obligation towards other States or international organisations.
587
577
Hammoud and Houerbi (
2008
), 231 (236); Not as attractive as other Arabic nations, e.g. Egypt,
Tunisia or Lebanon, in: Darwazeh and El-Kosheri (
2008
), 203 (207).
578
Darwazeh and El-Kosheri (
2008
), 203 (207); Hammoud and Houerbi (
2008
), 231 (237).
579
Also Switzerland and the UK, in: Hammoud and Houerbi (
2008
), 231 (238); Paris is a reliable
forum, in: Darwazeh and El-Kosheri (
2008
), 203 (207).
580
Hammoud and Houerbi (
2008
), 231 (238-239).
581
Hammoud and Houerbi (
2008
), 231 (239).
582
Hammoud and Houerbi (
2008
), 231 (239).
583
UNCITRAL (
1985
), 3 (36) para 296; Both terms used interchangeably, in: Ma (
2005
), 72; Both
terms are the same, in: Saunders and Salomon (
2007
), 467 (471).
584
Kutty (
2006
), 565 (603-604).
585
Fei (
2010
), 301 (301); Saunders and Salomon (
2007
), 467 (471); Ozumba (
2009
), 4; Partasides
and Fullelove (
2010
), 1 (11-12).
586
Buchanan (
1988
), 511 (513).
587
Recommendation 1: No. 1(d) of the Resolution of the ILA on Public Policy as a Bar to
Enforcement of International Arbitral Awards 2002 (2002 ILC Public Policy Recommendations).
