Public Policy Of The Judicial Review Of The International Commercial Arbitral Award

Public policy is the plea instance that can be launched actively by the court to refuse to recognition and enforcement of the foreign arbitral award under the framework of 1958 "Recognition and Enforcement of Foreign Arbitral Awards Convention". This paper analyzed and concerned the public policy issues and their development in the judicial review of international commercial arbitral awards, in order to help the research in this field of our country.Chapterâ… analyzed the concept, characteristics and the basic theory of public policy in the international private law, introduced the classification of public policy, and also discussed the function of public policy of the judicial review of the international commercial arbitral awards.Chapter II introduced and analyzed the public policy in the light of legislation and judicial practice in the process of recognition and enforcement of international commercial arbitral awards of some countries. Chapter III analyzed the new development of public policy issues in judicial review of international commercial arbitration.Chapterâ…£introduced current legislation and judicial practice of public policy of the judicial review of the international commercial arbitral award in China.Chapter V is based on the former four chapters. Aiming at the main present problems in China proposed in Chapterâ…£, based on the basic theory of public policy in Chapterâ… , studying the national general legislation and judicial practice in Chapter II, and considering the trend of public policy development in international commercial arbitration ruling judicial review in Chapter III, it carried some rational thinking of improving the reasonable use of our public policy, and proposed some solutions within reason in the end.