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Enforcement of Foreign Arbitral Awards and the Public Policy Exception: Including an Analysis of South Asian State Practice

Enforcement of Foreign Arbitral Awards and the Public Policy Exception: Including an Analysis of South Asian State Practice

Author: Bruno Zeller; Gautam Mohanty; Sai Ramani Garimella
Publisher: Springer-Verlag
ISBN: 9789811626333

Published In: July 2021
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789811626364

HKD 1,595.00

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The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration - the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration - enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception.

The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.

1.0 Introduction to the book

1.1 An overview of the international regime on enforcement of foreign arbitral awards

1.2 Identifying the difficulties encountered in implementing this regime

2.0 The exceptions to the Enforcement of the Foreign Arbitral Awards within the New York Convention - jurisprudence from State Practice

2.1 Article V(1)(a)

2.2 Article V(1)(b)

2.3 Article V(1)(c)

2.4 Article V(1)(d)

2.5 Article V(1)(e)

2.6 Article V(2)(a) &(b)

3.0 UNCITRAL Model Law

3.1 - mapping the work of Working Group II

3.2 - UNCITRAL ML on recognition and enforcement of arbitral awards

3.3 - Article 34 - set aside of arbitral awards

3.4 - Article 36 - refusal of recognition or enforcement of foreign arbitral awards

4.0 The Public Policy Exception to Enforcement - the origins in private law

4.1 - articulation of public policy within private international law

4.2 - public policy in international commercial arbitration

4.3 the manifestation and diversity of public policy within international commercial arbitration

4.4 - the guidance under the international instruments related to international arbitration

4.5 - The New York Convention on Public Policy

4.6 - The UNCITRAL Model Law on Public Policy

5.0 - State practice on the delimitation and interpretation - the maximalist and minimalist approaches

5.1 - instances of delimitation of Public Policy exception through statutory provisions

5.2 - judicial interpretations on the scope of the public policy exception

6.0 - Public policy - need to rein the unruly horse

6.1 - time for a uniform approach to public policy

6.2 - a possible content for public policy - fundamental standards of the international community and international conventions

7.0 - Conclusion

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