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Public Poicy in Recognition and Enforcement of Arbitral Awards in International Commercial Arbitration

Author: ShiYi
Tutor: LinYanPing
School: East China University of Political Science
Course: International Economic Law
Keywords: Public Policy International Commercial Arbitration International public policy
CLC: D997.4
Type: Master's thesis
Year: 2010
Downloads: 170
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Abstract


Public Policy in 1958 \International Commercial Arbitration Model Law article 36, paragraph (1) (b) (ii) also recognized this, other relevant international conventions and domestic legislation There are similar provisions. This shows that the countries in the affirmation of the use of public policy in the area of ??the Recognition and Enforcement of Arbitral Awards, reflecting the importance of public policy review mechanism. However, public policy is not standardized worldwide, often become the focus of international commercial arbitration disputes. As more and more countries are aware of the value of international commercial arbitration in the resolution of international commercial disputes, public policy as an integral part of the judicial review system Arbitral Awards, will be of great concern. In this paper, this issue in-depth study with its practical and theoretical value. On the basis of objective analysis of our current public policy in the legislative and judicial practice, the problems put forward a number of suggestions for improvement, to investigate the application and improvement of public policy in our country. The thesis has four chapters constitute more than 30,000 words. Each chapter is organized as follows: Chapter I deals with the general theory of international commercial arbitration award recognition and enforcement of public policy. The chapter to the method of theoretical analysis, mainly from the recognition and understanding of public policy in the field of International Commercial Arbitration Ruling start to analyze the basic connotation of public policy in international commercial arbitration, theory development, discuss the characteristics of public policy in the international recognition and enforcement in the field of commercial arbitration awards dual function. This chapter using the method of combining theoretical and empirical effects of international conventions and the Model Law on International Commercial Arbitration award to recognize the legislative provisions of the implementation of public policy, public policy applicable to the specific circumstances in the international commercial arbitration award, entity classes and classes of public policy, by analyzing the specific case of national legislation and judicial practice, explore countries on the Recognition and Enforcement of Arbitral Awards understanding and application of public policy, in the system of the different legal systems in different countries use a deep understanding of public policy. Chapter III of this chapter in the second chapter on the basis of further case material, different countries, including the European Union, the United States, recent cases relating to the public policy practice, to explore the international commercial arbitration award to recognize trends in the development and implementation of public policy, pointed out that judicial practice, the scope of application of this defense has become increasingly restricted, more and more courts tend to public order are divided into domestic public order and international public order, as well as the applicable standards and content covers commercial acts of corruption . The fourth chapter examines China's international commercial arbitration award recognition and implementation of public policy the use of legislation and judicial practice, and analyzed Yongning case addition, as so far only by our courts to recognition and enforcement of domestic arbitral awards in our society would be contrary to the public interest for the defense of the foreign judgment, as inspired, learn from the second chapters in national legislation regulations and judicial practice, combined with public policy international trends, rational thinking on the rational use of public policy, made a number of suggestions for improvement .

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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