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Public Policy In The Judicial Enforcement Of Arbitral Awards: Lessons For And From Australia, Winnie Ma
Public Policy In The Judicial Enforcement Of Arbitral Awards: Lessons For And From Australia, Winnie Ma
Winnie Ma
Judicial enforcement of arbitral awards is necessary where there is no voluntary compliance by the relevant parties. Courts world-wide 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 exception to the enforcement of arbitral awards’. It is enshrined in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration 1985 (Model Law), which are two of the most prominent international instruments in promoting and regulating international commercial …