Izvorni znanstveni članak
Public policy as a ground for setting aside of an arbitral award
Hrvoje Sikirić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The paper analyses public policy as a ground for setting aside of an arbitral award. After considering public policy as a ground for refusal of recognition and enforcement of foreign arbitral awards, the author explains that in such a case the notion of "public policy" should be interpreted as "international public policy". Further analysis focuses on solutions of various national laws on arbitration in regard to public policy as a ground for setting aside of a domestic award. Turning back to the Croatian arbitration law, the author submits that the provision of Art. 36. para. 2. point 2 (b) of the Croatian Arbitration Act which provides that the court shall set aside an arbitral award on its own motion if it finds that the award is in conflict with the public policy of the Republic of Croatia ought not to be interpreted as the public policy means "all mandatory rules" of the Croatian law. In contrast, the notion of "public policy" should be interpreted in the same manner as in the case of recognition and enforcement of foreign arbitral awards.
Ključne riječi
arbitration; arbitral award; setting aside of an arbitral award; recognition and enforcement of an arbitral award; public policy; mandatory rules
Hrčak ID:
35463
URI
Datum izdavanja:
20.4.2009.
Posjeta: 4.467 *