Application Of Public Policy In The Recognition And Enforcement Of Foreign Arbitral Awards In China

The issue of the application of public policies has always attracted the attention of scholars at home and abroad.In recent years,international commercial arbitration has become increasingly important in dispute resolution.However,after a foreign arbitral award is made,it is often rejected for violating public policies(hereinafter referred to as the "public policy defense").Public policy principles,as an unclear concept,often cause controversy in judicial practice,which is very detrimental to the development of international commercial trade.Therefore,the principles of public policy must be regulated from concept to application.This article selects the case of SF Arbitration Award No.039 and conducts a case analysis to elicit four problems in the application of public policy principles in the field of international commercial arbitration.(1)Regarding the concept of "public policy",how should it be stipulated in legislation so as to limit public policy to a reasonable range;(2)Regarding the application of "public policy",how should it be prescribed in legislation to avoid application The standard is too singular;(3)how to reform the judicial review of "public policy" and make it more reasonable;(4)how to reform the lack of remedies for "public policy" so that the main body of international commercial affairs can be used in arbitration When the award is refused to be recognized and enforced,better remedies are available.In response to these problems,the author analyzes cases,reads literature works,puts forward her own points,and points out more reasonable improvement directions in the application of public policies,with a view to contributing to China’s judicial reform.