A Study On Public Policy Issues In Recognition And Enforcement Of International Commercial Arbitral Awards

Public policy, as a self-contained defense in the recognition and enforcemence of arbitration awards in a foreign nation, has been recognized and used widely.However, it is hard to define it clearly because Public policy has its own uncertainty. Public policy has been applied differently in different countries, then it become an controversial event in international Commercial Arbitration, which make it unclearly to calculate whether an award could be applied in another country. As international commercial is moving further toward globalization, the affect of the international commerce arbitration become more and more important in solving international commercial conflict. Therefore, public policy will be an focus inevitably, which make it significantly to explore.This article has4chapters,Chapterl include the theory of public policy, including the conception of public policy, classification and standards.Chapter2include the application of public policy in the recognition and enforcement of foreign arbitral awards, including New York convention, legislations in different countries, the relationship with other defense, particular condition in the application of public policy.Chapter3include the tendency of public policy in recognition and enforcement of foreign arbitral awards.Chapter4include the application of public policy in China and proposals of consummating it.