Public Policy Exception in International Commercial Arbitration – Promoting Uniform Model Norms

Contemporary Asia Arbitration Journal, Vol. 5, No. 1, pp 45-81, May 2012

37 Pages Posted: 24 Jul 2012

See all articles by Fifi Junita

Fifi Junita

affiliation not provided to SSRN

Date Written: May 31, 2012

Abstract

It is commonly accepted that a foreign arbitral award is final and enforceable. However, this is not always the case in practice. The public policy exception is one of the most dominant constraints of award enforcement in international commercial arbitration. An expansive approach to the public policy exception has undermined the finality and enforceability of foreign arbitral awards.

In this article, the author attempts to promote a uniform model of a restrictive approach to the public policy exception by taking a range of potentially conflicting factors into consideration. These include the proximity of party autonomy, efficiency, neutrality in the face of different values and legal cultures. In the latter part of this article, the author also makes the conclusion that the public policy exception should move from politics to efficiency in order to promote a uniform restrictive model norms.

Keywords: public policy exception, party autonomy, neutrality

Suggested Citation

Junita, Fifi, Public Policy Exception in International Commercial Arbitration – Promoting Uniform Model Norms (May 31, 2012). Contemporary Asia Arbitration Journal, Vol. 5, No. 1, pp 45-81, May 2012, Available at SSRN: https://ssrn.com/abstract=2115604

Fifi Junita (Contact Author)

affiliation not provided to SSRN ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,363
Abstract Views
4,627
Rank
26,879
PlumX Metrics