The Public Policy Exception under the New York Convention: The Unruly Arabian Horse in the MENA Region
Article from: TDM 2 (2015), in Arbitration in the Middle East: Expectations and Challenges for the Future
This article aims to examine the concept of public policy in relation to recognition and enforcement of foreign arbitral awards and the ever-evolving MENA jurisprudence and recent case law, in which courts questioned or rejected an exequatur application because the award, or its enforcement, violated-in the court's view-the public policy of that jurisdiction as permitted under the New York Convention. Accordingly, this article will be divided into three sections. The first section provides a succinct, yet scrupulous, analysis of the 'unruly horse' under the New York Convention. The ...