Public Poicy In Recognition And Enforcement Of Arbitral Awards In International Commercial Arbitration

Public policy is the plea instance which can be launched actively by the court to refuse recognition and enforcement of the foreign arbitral awards under the framework of 1958 "Recognition and Enforcement of Foreign Arbitral Awards Convention"."UNCITRAL Model Law on International Commercial Arbitration"also has similar regulations in Item 36, which is regulated in some international conventions and domestic legislations. Nowadyas,the system of public policy has been widely admitted both in theory and practiee worldwide. However, the public policy lack an objective operation standard, which makes itself hard to be operated and controlled since it presents itself. It causes great dispute in practice. Because of this, the author deeply studied this subject has big theory value and practical significance.This thesis analyzed the issue of public policy in legislation and judicial practices in China, and mainly concerned its limitations and deficiency, then put forwards advice on it, looking forward to promote its further perfect.The thesis is divided into four parts, more than 30,000 words. Chapter 1: Concerning the general theory on the public policy. It analyzed the concept, characteristics and the basic theory of public policy , and also discussed the double functions of it in the recognition and enforcement of the International commercial arbitral awards .Chapter 2: Integrating theory and pratice, introduced the public policy regulated in international conventions and domestic legislations. Analyzing the application of public policy in the process of recognition and enforcement of international commercial arbitral awards, including substance and procedure aspects. And analyze the judicial practice in some foreign countries, in order to understand it further.Chapter 3: It based on the former chapter, introduced current legislation and judicial practice of public policy in the international commercial arbitral award in The European Union, American and other foreign countries. Explore for the new development of public policy issues , that is"finity application"and inleading the new concept"International public poicy".Chapter 4: Considering the general legislation and judicial practices in China, and emphases on the case of"Yongning Co."which is the first exemple to refuse recognition and enforcement of the foreign arbitral awards in our country. It carried some rational thinking of improving the reasonable use of our public policy, the author then put forward suggestion on system perfection, and illustrates its principle and standard on application in the context of legislation and judicature practice.