Originally from Defeating and Defending Awards: Arbitrability, Public Policy, and Global Court Practice

PREVIEW

SUMMARY

This thesis is a study of two central concepts in international commercial arbitration: arbitrability and public policy objections under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention 1958”).

Public policy is a dynamic concept, and it is closely linked to moral principles. The study includes national, international, and transnational public policy. The categorisation is important because it reflects how the concept is perceived in different legal systems and cultures. Arbitrability is another complex concept, involving issues of jurisdiction and party autonomy, and the study pays particular attention to the US’s approach and how it differs from that of other countries.

It is commonly understood that arbitrability is part of public policy or that public policy limits arbitrability. The study addresses the complex relationship between these concepts.

The study aims to establish an evidence-based law understanding of the consensus on the New York Convention 1958 as an enforcement-friendly instrument. This enforcement-friendliness is based on the spirit of the Convention to favour the enforcement of foreign arbitral awards.