Aligning Transnational Public Policy with State Sovereignty

The rationale for ‘delocalizing’ transnational public policy is not that domestic authorities lack capacity to delineate the scope of transnational public policy.  It is rather that public policy that is articulated solely through a domestic judicial lens is potentially fractionalized as national courts internalize public policy differently to comport with their discrete and sometimes conflicting domestic requirements. The presentation evaluates how domestic courts have refused to enforce foreign arbitration award on questionable procedural or substantive grounds in controversial litigation in the United States and Russia.  It argues how transnational public policy can redress such concerns without displacing, or circumventing domestic public policy in conflict with state sovereignty or comity among nations.

Professor Leon Trakman

Professor Trakman is a former Dean and currently Professor of Law at the University of New South Wales.  His previous academic appointments include: Distinguished Visiting Professor at University of California, Davis; Visiting Professor at Wisconsin Law School, University of Cape Town and Tulane Law School, Bolton Visiting Professor at McGill University and Professor at Dalhousie Law School.

Specializing in international commercial arbitration and investment law, he is author of 8 books and over 100 articles in internationally recognised journals.  He has received various fellowships and research grants in Canada, the United States and Australia, including a Bora Laskin National Fellowship and Killam Senior Fellowship in Canada.  He is currently Lead Chief Investigator of ARC Discovery Grant DP140102526.

Professor Trakman holds masters and doctorate degrees from Harvard where he was a doctoral fellow.

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