The article examines the ‘public policy exception’ by which domestic judges decline to recognize and enforce international arbitration awards under Article V(2)(b) of the 1958 New York Convention. It explores litigation in China and New York to identify reasons invoked by domestic courts, viewed comparatively, to decline to enforce foreign arbitration awards on localized public policy grounds. It examines the nature and operation of public policy and due process defences, and considers the difficulties faced by domestic courts in delineating the concept of substantive and procedural justice clearly and reliably. The article examines the prospect of domestic courts refining shared norms of transnational public policy and due process of law that transcend their differences.
Monday, December 31, 2018
Trakman: Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection
Leon Trakman (Univ. of New South Wales - Law) has published Domestic Courts Declining to Recognize and Enforce Foreign Arbitral Awards: A Comparative Reflection (Chinese Journal of Comparative Law, Vol. 6, no. 2, pp. 174–227, December 2018). Here's the abstract: