On Public Policy In The Recognition And Enforcement Of Foreign Maritime Arbitration Awards

Due to the globalization of the international shipping industry as well as the unification of the maritime disputes and maritime legislation, international maritime arbitration plays an important role in dealing with international business disputes. Acquiring an arbitration award rendered by a tribunal is just the first step. Recognition and enforcement of the arbitration awards is more significant, as this procedure has a bearing not only on the interests of the parties but also the finality of the award. At the international level, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards1958("New York Convention") has provided for certain criteria for determining whether a foreign arbitration award should be recognized and enforced by a state party. In particular, the public policy principle is adopted in this convention. This essay aims to explore the meaning of public policy in the recognition and enforcement of foreign maritime arbitration awards from a thorough and objective perspective.The first chapter introduces the basic theory of foreign maritime arbitration, including the concepts, related doctrines of maritime arbitration, the concept of foreign maritime arbitration, the concept and meaning of recognition and enforcement of maritime arbitration, and consideration of interests in recognition and enforcement of foreign maritime arbitration awards.The second chapter introduces the theories of public policy, including the concept, the basis of value, the legal characteristics, and the difference between international and domestic public policy. More significantly, this chapter discusses the application of the public policy at different stages of arbitration, and explains in sequence the basis of the public policy’s fundamental characteristics and practice in foreign maritime arbitration.The third chapter analyses recognition and enforcement of foreign maritime arbitration awards under the New York Convention by comparison of the laws and practice under Anglo-American law system, civil law system and Chinese law. This chapter also concludes whereupon the above comparison the criteria in applying the public policy to the foreign maritime arbitration awards.The fourth chapter concludes the particularity of the procedure of recognition and enforcement of foreign maritime arbitration awards, and its status and problems in China. It also discusses the measures under Chinese law which would be taken to improve the examination system of the public policy in recognition and enforcement of foreign maritime arbitration awards in China.