Public Policy In Recognition And Enforcement Of Arbitral Awards In International Commercial Arbitration

International commercial arbitration is an important way to solve international commercial disputes, It has the characteristics of flexibility, autonomy and professionalism. Ultimate value lies in the award of the arbitration will be able to get the recognition and enforcement, and public policy restricts the realization of the value to some extent. The Public policy is an independent defense reason which is as a court to countries refuse to recognition and enforcement of foreign arbitral awards in the1958New York Convention and the UNCITRAL Model Law on International Commercial Arbitration1985. But what is the specific content of public policy? What is the suitable scope and applicable standards of public policy? They didn’t account for it, it completely by national courts discretion in the international judicial practice. This dissertation analyzes the public policy issues has theory value and practical significance.This papers starts from of the theoretical analysis public policy in the recognition and enforcement of the foreign arbitral award, combined with the New York convention, British and American and the continental law system countries legislation and judicial practice, discuss the specific situation and development trend of public policy, and puts forward to perfect public policy in our country, the international commercial arbitration award recognition and enforcement of applicable Suggestions.The paper is divided into three parts:Chapter1:Using the theoretical analysis method to investigate the general theory of public policy issues, namely the connotation, classification, nature and function of the public policy, and the latest theoretical research, and also discussed the differences between public policy and other justificationsChapter2:Using the case analysis and sum-up method to investigate legislation present situation and the judicial practice of the public policy in The continental law system and Anglo-American law system’s legislation. Analyzing the specific situation of public policy is: the contract is illegal, in violation of due process, in violation of mandatory rules, issues of arbitration, apparently disregard for the law.Summarizing the development trend of the public policy.Chapter3:Considering the application of public policy in the legislation and judicial practices of our country. Put forward a perfect suggestion on the application of public policy based on the analysis of the actual conditions in China.