Public Policy and the Enforcement of Arbitral Awards
Article from: TDM 1 (2004), in International Commercial Arbitration
Violation of public policy (or ordre public ) of the enforcing State has long been a ground for refusing recognition/enforcement of foreign arbitral awards. This principle is enshrined in Article V.2 of the 1958 New York Convention and Article 36 of the UNCITRAL Model Arbitration Law. The public policy exception to enforcement is an acknowledgement of the right of the State and its courts to exercise ultimate control over the arbitral process. Public policy is often regarded as a vague concept which is impossible to define, which varies from State to State, and is ...