Foreign Arbitration Judicial Review Of Public Policy Issues

"Public Policy", as a principle contained in 1958 United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration ("UNCITRAL Model Law"), is regarded as a ground for refusing recognition and enforcement of international arbitral awards in the international arbitration field. In 2002 Recommendations on The Application of Public Policy as a ground for Refusing Recognition or Enforcement of International Arbitral Awards ("Recommendations") was officially agreed and adopted by International Law Association and in 2003 Several Regulations concerning Handling the Foreign Related Arbitration and Foreign Arbitration Cases by People's Courts (Draft for Soliciting Public Comments) was publicized by the PRC Supreme Court to the public, which show that "Public Policy" is becoming a focus issue in the circle. However under Chinese current situation, there is no unanimous objective standard regarding public policy established by the society, either in the legislation or in the judicatory, and the range and the standard regarding "Public Policy" are vague as well. Therefore, the purpose of this dissertation undoubtedly is to introduce the current situation of the world in recognition and enforcement of arbitral awards, focus on the new developments in this field and finally boost the research of this field in China.