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The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

2023-09-19 Law
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Release : 2023-09-19
Genre : Law
Kind : eBook
Book Rating : 796/5 ( reviews)

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Book Synopsis The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by : Shu Zhang

Download or read book The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards written by Shu Zhang. This book was released on 2023-09-19. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.

Impact of Public Policy on Judicial Review of Arbitral Awards Involving Substance Abuse

1988 Arbitration, Industrial
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Release : 1988
Genre : Arbitration, Industrial
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Book Rating : /5 ( reviews)

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Book Synopsis Impact of Public Policy on Judicial Review of Arbitral Awards Involving Substance Abuse by : John Steven Grainger

Download or read book Impact of Public Policy on Judicial Review of Arbitral Awards Involving Substance Abuse written by John Steven Grainger. This book was released on 1988. Available in PDF, EPUB and Kindle. Book excerpt:

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

2020-08-12 Law
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Release : 2020-08-12
Genre : Law
Kind : eBook
Book Rating : 019/5 ( reviews)

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Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou. This book was released on 2020-08-12. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Public Policy Exception Under The New York Convention

2013-06-01 Law
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Release : 2013-06-01
Genre : Law
Kind : eBook
Book Rating : 221/5 ( reviews)

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Book Synopsis Public Policy Exception Under The New York Convention by : Anton G. Maurer

Download or read book Public Policy Exception Under The New York Convention written by Anton G. Maurer. This book was released on 2013-06-01. Available in PDF, EPUB and Kindle. Book excerpt: The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.

Reconsidering Public Policy Defense in International Arbitral Awards

2014-05-20
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Release : 2014-05-20
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Book Rating : 976/5 ( reviews)

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Book Synopsis Reconsidering Public Policy Defense in International Arbitral Awards by : Oybek Nurmukhamedov

Download or read book Reconsidering Public Policy Defense in International Arbitral Awards written by Oybek Nurmukhamedov. This book was released on 2014-05-20. Available in PDF, EPUB and Kindle. Book excerpt: A judicial interference in the enforcement of arbitral awards is required in a case of non-compliance with the award by any relevant party. From the both practical and theoretical viewpoint courts of all jurisdictions may refuse to enforce arbitral awards if such enforcement would be contrary to the public policy of their countries. This is known as 'the public policy defense to the enforcement of arbitral awards'. The legal rationale for the public policy defense is established in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and the UNCITRAL Model Law on International Commercial Arbitration 1985, which are two of the most important international legal documents in promoting and regulating international commercial arbitration. The public policy defense is one of the most controversial exceptions to the enforcement of arbitral awards, causing judicial inconsistency, therefore unpredictability in its implementation. The present research paper explores the main controversies and complexities in the judicial implementation of the public policy defense from comparative perspective of both developed and developing countries.

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