“Public policy” ground for refusal of the recognition and enforcement of foreign arbitral awards in China (Commercial cases)
Эрдэм шинжилгээний илтгэл, өгүүлэл, эссэ
Харьцуулсан эрх зүй
Бүтээлийн дэд ангилал
Харьцуулсан эрх зүйн тухай
I want to write a paper in the area of Dispute Resolution and Arbitration in China and International law, particularly “Public Policy” ground for refusal of recognition and enforcement of foreign arbitral awards related to commercial cases in China. Through this paper, I am attempting to illustrate some questions put in front of myself that what does the notion of “Public Policy” mean in the context of Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 (hereinafter “the New York Convention” or “the Convention”)? How is this notion applied for recognizing foreign arbitral awards in the Chinese Judicial system? And what does Commercial case mean in China? In order to answer those questions, the paper covers brief introduction of the New York Convention and China, implementation of the New York Convention in China, the grounds for refusal of recognition and enforcement of foreign arbitral awards, a meaning of the public policy in international law and Chinese law, and its application in particular cases.
The New York Convention, Public Policy, Recognition and Enforcement of Foreign Arbitral Award, Commercial Arbitral Award.