|dc.description.abstract||Arbitration tribunals rely on public policy principles to exclude or determine
the applicable law. At times, the notion of public policy will contain
fundamental yardsticks recognised by the world community at large. In such
cases public policy may be called transnational or truly international.
The thesis expounds the notion and content of transnational public policy as
applied by international tribunals. This objective is met by exploring the
method, functions and purpose of transnational public policy in international
The opening chapter sheds light on the origins and concept of public policy
and the different levels it has been applied by international tribunals and
national courts. It suggests a criteria for the distinction between domestic,
domestic-international, regional and transnational public policy.
The thesis then gives an in depth analysis of the origins and notion of
transnational public policy. It suggests that international tribunals have relied
on transnational public policy in their awards and proposes a method to
determine its content and sources.
Such method is then applied to deduct the content of transnational public
policy from decided arbitration awards. The thesis shows that transnational
public policy can be relevant at three different stages in international
arbitration. At the outset of the proceeding, where the arbitrators determine
their jurisdiction; during the arbitration, where it controls the procedure
applicable in the arbitration; or at the stage of drafting the final award, where
it determines fundamental substantive rules relied upon by the tribunal.||en_US