Event: The Dawn of International Arbitration in the South Pacific: Regional International Arbitration Conference Kustom - A Public Policy Exception under the New York Convention 12 February 2018 Author / Speaker Petra Butler Gitanjali Bajaj View File Dr. Petra Butler and Ms. Gitanjali Bajaj gave a presentation on kustom as a public policy exception to the recognition or enforcement of an arbitral award under the New York Convention. Kustom, which is enshrined in nearly all of the Pacific Island Constitutions, plays an important role in legal decision-making in Pacific Island countries. In fact, about 15 years ago, an arbitration agreement was challenged in front of a Pacific Island court on the ground that arbitration goes against kustom. Attempts to reconcile the European settlers’ imported legal models with the Pacific Island countries’ kustoms and traditions in a unique “Pacific Way” have been and continue to be identity-generating for the societies in the South Pacific. Disclaimer The views expressed on this website are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. By making any designation of or reference to a particular territory or geographic area, or by using the term “country” in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. Download Topics Capacity Development Industry and Trade Knowledge Management Private Sector Finance