PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS
PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS
Author(s): Akosua Serwaah AkotoSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Philosophy of Law, EU-Legislation, Commercial Law, Court case, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Institute for Research and European Studies - Bitola
Keywords: Public Policy; Conflict of Laws; International Arbitration; Enforcement of Arbitrary Awards
Summary/Abstract: Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.
Journal: Journal of Liberty and International Affairs
- Issue Year: 7/2021
- Issue No: 1
- Page Range: 51-69
- Page Count: 19
- Language: English
