Multi-Jurisdictional Perspectives to Public Policy Defence in Recognition and Enforcement of Foreign Arbitral Awards - Have the UNCITRAL, ECOSOC and ICC Lived up to Their Traditional Role of Fostering International Trade?
Article from: TDM 5 (2022), in Roundup of Articles
A controversial but important issue facing international commercial arbitration is how domestic courts interpret the public policy defence under Article V(2)(b) of the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards ("the Convention"). This work examines the practicality of achieving a global consensus on uniform parameters for the public policy defence to the recognition and enforcement of foreign arbitral awards. It further examines whether the United Nation agencies like the United Nations Commission on International Trade Law (UNCITRAL), ...