法律

Public policy is the plea instance that can be applied by the court to refuse recognition and enforcement of the foreign arbitral award under the framework of 1958"Recognition and Enforcement of Foreign Arbitral Awards Convention". As an independent plea instance, public policy plays an irreplaceable role on recognition and enforcement of the foreign arbitral award by its unique attributes. However, there are still some problems to be made up. This dissertation analyzes the public policy issues and its development, in order to help courts to apply it more reasonably.This dissertation has four chapters. Chapterâ… mainly analyzes the concept, characteristics and the basic theory of public policy, introduces its types and discusses its value and functions in the field of recognition and enforcement of international commercial arbitration awards.Chapterâ…¡compares the public policy with other common plea instances under the framework of 1958"Recognition and Enforcement of Foreign Arbitral Awards Convention"and introduces the detailed practice of public policy of recognition and enforcement of international commercial arbitration awards in other countries.On the basic of the above chapters'introduction and analysis, Chapterâ…¢tries to analyze the existed problems on the application of public policy of recognition and enforcement of international commercial arbitration awards and discuss the feasible resolved ways.Chapterâ…£keeps to discuss the current situation and problems of public policy in our country. And based on the studies and the universal judicial practice, this dissertation proposes some feasible ways in order to improve the reasonable application of public policy in China.