in New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
edited by Luke Nottage, Shahla Ali, Bruno Jetin, Nobumichi Teramura (Kluwer Law International, 2020), Chapter 7
Abstract: Following the Introduction, in subsequent sections, international commercial arbitration ("ICA") – and in particular, the public policy exception – are identified as prime initial targets for harmonization efforts. This chapter then considers the practical mechanics of harmonizing the public policy exception, proposing designation of the Asian Infrastructure Investment Bank (“AIIB”) as a coordinating authority for the drawing up of common standards and normative regulations. The possible substantive contents of a public policy exception, utilizing a “negative list” approach, are considered, with reference to similar harmonization efforts of the European Union (“EU”) and the Organization for the Harmonization of African Business Law (“OHADA”) evaluated as comparative case studies. The far-reaching implications of China’s BRI upon a steadily evolving global landscape will also be considered.