International Arbitration and Public Policy Issues in the Indian Subcontinent: A Look Through the English Common Law and International Lenses

Manchester Journal of International Economic Law ISSN 1742-3945, Forthcoming

30 Pages Posted: 31 Oct 2019 Last revised: 28 Dec 2019

See all articles by A. F. M. Maniruzzaman

A. F. M. Maniruzzaman

University of Portsmouth - School of Law; Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee; Faculty of International Law, China University of Political Science and Law

Ijaz Ali Chishti

Supreme Court of Pakistan; Postdoc Scholar University of Portsmouth, UK

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Date Written: September 12, 2019

Abstract

Public policy is an important issue in the context of international arbitration and, for that matter, domestic arbitration. However, in respect of the former there appears to be progressively a more restrictive approach applied globally than in the latter. Since the public policy issues could prove to be a stumbling block to the recognition or enforcement of a foreign arbitral award in the concerned country’s courts, an international arbitral tribunal should be mindful of the matter, though challenging, while rendering the award. The best guide for an international arbitral tribunal would be to look into the recognizing or enforcing country’s law and practice in the context. The article is concerned with the public policy issues for the recognition or enforcement of foreign arbitral awards in the three major countries of the Indian subcontinent such as India, Pakistan and Bangladesh. These countries have historically had the common heritage of the English common law system which influences their respective laws, court decisions and jurisprudence. Thus, the article examines the public policy issues in the context of international arbitration in these countries in light of the English common law and international arbitration law and practice so that international arbitrators could draw upon the findings of the study while rendering arbitral awards, and when it is so relevant.

Suggested Citation

Maniruzzaman, A. F. M. and Chishti, Ijaz Ali, International Arbitration and Public Policy Issues in the Indian Subcontinent: A Look Through the English Common Law and International Lenses (September 12, 2019). Manchester Journal of International Economic Law ISSN 1742-3945, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3468658 or http://dx.doi.org/10.2139/ssrn.3468658

A. F. M. Maniruzzaman

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom
+44 (0)2392844194 (Phone)

HOME PAGE: http://www.port.ac.uk/departments/academic/law/staff/title,23599,en.html

Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

Faculty of International Law, China University of Political Science and Law ( email )

Beijing
China

HOME PAGE: http://www.cupl.edu.cn:81/sites/en/School_EN_new_Index.jsp

Ijaz Ali Chishti (Contact Author)

Supreme Court of Pakistan ( email )

Law & Justice Commission of Pakistan, Supreme Cour
Islamabad, Islamabad 44000
Pakistan

Postdoc Scholar University of Portsmouth, UK ( email )

Portsmouth
United Kingdom
0092 333 5570628 (Phone)

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