International commercial arbitration – the limits of the public policy ground for setting aside or non-enforcement of arbitration awards by national courts
Welcome to this session on the limits of the public in international investment law. This discussion brings together scholars and practitioners to explore how the notion of “public” shapes state authority and investor protections in arbitration. Speakers examine how tribunals navigate tensions between public interests—like environmental protection, health, and social welfare—and the contractual rights of foreign investors. The debate highlights evolving definitions of “public” purpose and the challenges of reconciling state sovereignty with private expectations. Join us as we reflect on how greater transparency, participation, and a redefined public interest can foster a more equitable and accountable system of international investment governance.
