Public Policy Review Study Of Foreign Arbitral Awards

The easy access of international-awards’ enforcement is an important advantage for the international commercial arbitration procedure comparing to the judicial relief procedure of a single country at settling civil and commercial transnational disputes.However,it can not be ignored that,in representative international treaties or national legislation in the past and present,the "public policy" is an enormous exception of the aforesaid superiority.All the countries are faced with the definition,measurement,citing or so problems in the application of public policy.The New York convention has been adopted for 60 years.It is a great moment to commemorate the vigorous development of international commercial arbitration during the past Jia-Zi(sixty-year cycle based on Chinese ancient calendar).It is worth noted that it’s no longer a loud appeal for "limited application" that we are seeking right now,but a series more practical methods that can be grasped by the censors,since so many legislation and explaining of that exception have already been made,and the so many enlightening opinions have already been introduced by the scholars,if we take a review at the past era.For this reason,this article is standing the view of judicial courts,hoping of the improvement of the institution.The first chapter is an introduction,which reveals the research background,related literature,research methods,and a quick introspection.The second chapter is the origin and development of the public policy of the foreign arbitral award,in which the international procedural law treaty,the Bustamante code,the Geneva treaty,and the early representative nation’s legislation and practice are cited and analyzed to explore the early form and development trend of the public policy review.The third chapter is to study the legal basis of the public policy of the foreign arbitral award.It suggested that the process of public policy review should not only maintain and coordinate the interests of the national sovereignty,the international social interests and the moral interests of private law,but also pay attention to the finality value of the arbitration procedure.The fourth chapter conducts an international observation of the public policy review of modern foreign arbitral awards from the three aspects of international treaties,national legislation and representative cases.It then establishes the specific operational framework of judicialreview from the scope of review,examination standards and procedures.The final chapter is to observe and summarize the operation of the public policy review in China,which as known as the "step-by-step approval system".The paper suggested that the rational adoption of a comprehensive review method should be used and the strengthening of relevant interpretation and coordination should be noted.