Review article

https://doi.org/10.31141/zrpfs.2019.56.132.503

A refusal reason of recognition and enforcement of foreign arbitral awards: public policy

Yunus Emre

Abstract

Public policy is one of the most debated concepts in enforcement cases of foreign arbitral award as a sensitive term. It is the most frequent challenging reason of foreign arbitral awards in New York Convention, and therefore it may be used as a defense tool against foreign arbitral awards in enforcement cases before courts. Although public policy is not only refusal reason in New York Convention, other refusal reasons covered by New York Convention may be interpreted as public policy violations before courts. Therefore, relationship between public order and other refusal reasons is key point of this research. Secondly, one important well-known fact should be emphasized regarding public policy. Each country has its own public policy concept and criteria differently from other countries. Although one foreign arbitral award may be enforced in a country as it is in accordance with the public order of country of enforcement, it may be refused in a different country because of public policy reason. Therefore, public policy concept shall be discussed in different aspects in this study.

Keywords

Public Policy; New York Convention; Enforcement Cases; Foreign Arbitral Awards

Hrčak ID:

220146

URI

https://hrcak.srce.hr/220146

Publication date:

14.5.2019.

Article data in other languages: croatian

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