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Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena
Theses and Dissertations
Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.
Public policy is a concept that is …