Kustom - A Public Policy Exception under the New York Convention

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.