StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Refusing Recognition and Enforcement on the Grounds of Public Policy and Non-Arbitrability - Thesis Example

Summary
"Refusing Recognition and Enforcement on the Grounds of Public Policy and Non-Arbitrability" paper deals with the refusal of recognition, of arbitral awards on the grounds of public policy and non–arbitrability. The topic was provided along with a discussion regarding the definition of public policy…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful

Extract of sample "Refusing Recognition and Enforcement on the Grounds of Public Policy and Non-Arbitrability"

Download file to see previous pages

In relation to this aspect; first, arbitral was defined. In this regard, grounds for non – arbitrability were taken up for discussion. In addition, reasons for non – arbitrability, the liability of arbitrators, related legal systems, and the limitations on the grounds for the refusal of arbitral awards in Kuwait were taken up for discussion. In this regard, various sources like academic textbooks, authentic journals, international treaties, and reports from international organizations were examined and analyzed.

Finally, conclusions were arrived at. The New York Convention plays an important role in international commercial arbitration. Arbitral awards made in a member state of this Convention are enforceable in other member states of this Convention. However, a member state can refuse to recognize and enforce an award, if it is in conflict with its public policy. Article V (2)(b) of the Convention enables member states to refuse such foreign arbitral awards. The Model Law has adopted the provisions of the Convention and addresses the nullification of arbitral awards in Article 34(2)(b)(ii).

Moreover, Article 36(1)(b)(ii) of the Model Law deals with the recognition and enforcement of a foreign arbitral award. The New York Convention empowers its member states to refuse the recognition and enforcement of a foreign arbitral that is in breach of the fundamental values of their society. There is some disagreement regarding what constitutes public policy. In addition, it has been contended that arbitral awards relate to commercial disputes and not public policy. The Western nations have engaged in several debates regarding public policy, and the New York Convention has introduced this concept without proper consensus regarding its connotation among its member states.

At this juncture, the courts have adopted a pragmatic approach to this dispute and developed a distinction between domestic and international public policy. They have clearly established that only the principles of policy that have universal acceptance should be applied. France was the first nation to implement this interpretation, and it incorporated it via Articles 1498 and 1502 (5) of its Code of Civil Procedure. Subsequently, several countries, such as Lebanon, Algeria, Portugal, Tunisia, and Italy followed suit.

The Egyptian courts have been seen to exercise a significant amount of restraint in their interpretation. This is due to the fact that the arbitration laws of Egypt require courts to impose the standards of Egyptian public policy. Nevertheless, in one particular case, the Egyptian Court of Cessation held that it was essential to take into account the standards of international relations. 

...Download file to see next pages Read More

CHECK THESE SAMPLES OF Refusing Recognition and Enforcement on the Grounds of Public Policy and Non-Arbitrability

The Effectiveness of the International Investments Arbitration

Recognizing and enforcing the arbitration reflects the extent of positive interaction of national regulations in the state of enforcement with the arbitration.... This essay "The Effectiveness of the International Investments Arbitration" focuses on a private means to resolve disputes between its parties....
32 Pages (8000 words) Essay

Public Policy on Drugs

The paper "public policy on Drugs" will begin with the statement that a public policy is a principle, on which most of the social laws tend to be based.... According to the findings of the paper, it can be said that a drug policy can be described as a policy that the government uses in its attempt to outdo the negative effects that arise from the misuse and addiction of drugs and while trying to control the supply and demand of drugs (Kleiman, Caulkins & Hawken, 2011)....
13 Pages (3250 words) Research Paper

Justice in Recognition and Enforcement of International Arbitral Award in China and Vietnam

The paper "Justice in recognition and enforcement of International Arbitral Award in China and Vietnam" states that the sword of uncertainty in respect of the future of the finality witnessed in the arbitration award serves to be an imperative drawback associated with the finality.... The author, in his study, has mentioned the vital points associated with FAA, to which he maintains 'three pillars of arbitration award', which include (i) the Ordinance on recognition and enforcement of foreign arbitration awards, September 14, 1995 (the Ordinance); (ii) the Civil Procedure Code, June 15, 2004; and (iii) the Law on Enforcement of Civil Judgment, November 14, 2008....
50 Pages (12500 words) Thesis

Recognition and Enforcement of the Arbitration Awards in UAE

This research paper describes recognition and enforcement of the arbitration awards in UAE.... This paper demonstrates the analysis of the term "arbitration", domestic and international arbitration, different convections on it, the experience of UAE and enforcement and arbitration in Dubai....
14 Pages (3500 words) Research Paper

Reducing Law Enforcement Suicide Rates: An Intervention Program for Improvement

The author states that because of the complexity of situations in law enforcement, the prevalence of suicide continues to increase.... The Police Advantage Program should provide a reduction in suicide intention and ratios that plague many law enforcement organizations....
14 Pages (3500 words) Research Paper

Public and Private Law Enforcement

This essay "public and Private Law Enforcement" discusses consumer laws that like any others have to be actively enforced for them to be effective.... The laws are created to protect the rights of the consuming public from exploitation by aggressive and unethical business practices.... The first is through the public enforcement method where government law enforcement agencies including the police, detectives, and public attorneys pursue the case....
1 Pages (250 words) Essay

Refusing the Recognition and Enforcement on the Ground of Public Policy and Non-Arbitrability

"Refusing the Recognition and Enforcement on the Ground of public policy and non-arbitrability" paper argues that Kuwaiti law has provided an ideally flexible vehicle for arbitration.... The definition of public policy refers to principles that guide the operation of legal systems in a particular government.... hough similar conceptions of public policy are shared by most developed arbitral jurisdictions.... Judicial perceptions of public policy have changed from time to time....
69 Pages (17250 words) Thesis

Refusing Recognition and Enforcement in Kuwait

The paper "refusing recognition and enforcement in Kuwait" discusses that one can not enter into a contract with minors since most minors have no capacity to enter into a contract.... The main objective of this paper is to discuss whether the Incapacity of Parties and Invalidity of the Arbitration Agreement as sufficient Grounds for refusing recognition and enforcement in Kuwait.... The enforcement of the awards specifically has brought challenges until NYC provided the grounds under which the enforcement of the awards may be rejected....
11 Pages (2750 words) Article
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us