A Study On The Application Of Public Policy In International Commercial Arbitration

Traditionally, public policy limits the parties' autonomy. From any perspective, there is a vis-a-vis situation between public policy and parties' autonomy. Considering this situation, arbitration panel must make a choice, that is, to adhere to parties' autonomy or to guarantee public policy.This paper begins with the frame of international commercial arbitration to discuss the application of public policy in international commercial arbitration. The final goal is to confirm the unreasonableness of the above-mentioned traditional opinion and clarify the fact that public policy limits parties' autonomy doesn't mean that arbitration panel must be hostile to public policy.Through respective analysis to the application of public policy in three sectors of international commercial arbitration, the conclusion can be made that correct orientation of international commercial arbitration is "converting body", through which public policy can be integrated into parties' autonomy naturally.