International Commercial Arbitration Recognizes And Applies The Application Of Public Policy

In recent years, with the international economic communication increasingly frequent, international civil and commercial disputes increasing, more and more international commercial disputes the parties choose to arbitration to settle disputes. The recognition and enforcement of the award, is one of the core issues of commercial arbitration system, it depends on the autonomy of the parties can realize, the value of the arbitration award can achieve. Stipulated in the New York convention would violate the court to the public policy as refused to acknowledge the ruling and one of the reasons, but there is no clear definition to public policy, but the problem left to the court. Therefore, for recognition and enforcement of the award, judgment of the court have the final decision. Due to huge differences in national conditions, different understanding of the public policy must also exist, public policy for the parties concerned request acknowledgement and enforcement of arbitral awards, like a sword hanging on its head. Is due to the nature of this, however, makes it can eternal vitality in the field of international commercial arbitration, works in one country foreign law court ruled out, refused to admit foreign arbitral awards, as to maintain their own fundamental interests of the powerful weapon.This article to the local court to the reservation of public order refused to acknowledgement and enforcement of foreign arbitral awards by the supreme people’s court for canceling the case "The device case of USA" as an example, the specific analysis, is divided into four parts to discuss the reasonable use of public policy system.The first part, "The device case of USA" the basic case, on November 22, 1998, the seller treasure company and litres international co, LTD.(on November 26, 2002 operation expires, its rights and obligations from treasure company) and the buyer in hefei city administration(the former hefei city health management committee), import and export co, LTD.(former) import and export company in hefei in hefei signed "the introduction of the wild cats company city life garbage processing equipments and technical contract". After the two sides in the process of contract disputes, treasure company and litres international co, LTD. then according to the arbitration clause in the contract agreed arbitration to China international economic and trade arbitration commission. From hefei divisions of the court and the supreme people’s court in the focus of the case.The second part, the international commercial arbitral awards in recognition and enforcement of public policy analysis of the theory. Mainly expounds from three aspects: the concept of public policy. The essential characteristic of public policy decision we can’t give it a clear definition or a range limit; In the case of public policy in the two big law countries apply; In this case the relationship with other justifications of public policy.The third part, as an important content of this article, in this case the application of the public policy in our country based on applicable judicial practice as well as the public policy in our country. Applicable based on specific tells the story of domestic law and international law on, judicial practice is showed in the form of summary list the Supreme Court on whether to refuse to implement public policies and the differences of the higher people’s court, which is due to the concept of public policy is not clear.The fourth part, it is the main content of this article, the Chinese used in international commercial arbitration ruling in the recognition and enforcement problems and Suggestions for perfecting public policy. According to the China in the international commercial arbitration ruling on public policy issues in the recognition and enforcement of practice. Points out the lack of practice in our country and puts forward some proposals concerning the perfection of legislation and participate in the international convention on the status quo and perfecting suggestion. Most of the legislation of our country’s public policy as "social benefits". In a series of domestic legislation, we also see the lack of legislation in our country, must draw lessons from foreign advanced experience, to improve the relevant laws and regulations.