Title: Public Order Applicable to Refusal to Enforce International Commercial Arbitration Judgment
Abstract: Arbitration is a common way to resolve international trade disputes today. The ease with which the arbitration process compares to the judicial process has made it very popular, well-popularised, and well-welcomed in the international business arena. International commercial arbitrators' decisions can not only affect, but also conflict with the parties to the arbitration, society, and the countries' public order.Although the existence of countries' interests in international trade requires that they facilitate the implementation of international commercial arbitration judgments, it still does not cause governments to waive judicial oversight of international arbitration judgments in order to protect the fundamental interests of society. Public order is taken into account in the two countries on the basis of arbitration and the place of identification and enforcement of judgment. The country of recognition and enforcement of the judgment may refuse to recognize and enforce the arbitral judgment on the grounds of opposition to public order. The criterion of public order, as an obstacle to the execution of the arbitral judgment, confirms, in a way, the right of the courts of the executing country to exercise final control over the arbitration process. In the meantime, on the one hand, there is no desire to turn the country's sovereignty towards the implementation of judgments that lead to the violation of values and domestic laws. On the other hand, there is a tendency to respect the certainty of foreign judgments. Therefore, the legislators and the court must resolve the existing conflict by any means. To address this dichotomy, some legislators and courts have sought to apply the narrow concept of public order to external judgments. The narrow concept of public order is often referred to as international public order. It is worth noting that there are still ambiguities about the content and its application in practice in different countries and no certainty has been achieved.
Publication Year: 2021
Publication Date: 2021-07-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot