PUBLIC POLICY EXCEPTION AS A GOURND FOR REFUSAL TO RECOGNIZE OR ENFORCE FOREIGN ARBITRAL AWARDS IN THE INTERNAL LEGISLATION OF CERTAIN STATES
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2017, Vol 43, Issue 1
Abstract
The article analyses public policy exception as a ground for refusing the recognition or enforcement of foreign arbitral awards, stipulated by the legislation of Ukraine, France, Germany, Japan, Portugal and other countries. It has been concluded that there are two types of public policy exceptions in Ukrainian legislation, which may be used as a ground for the refusing recognition or enforcement of foreign arbitral awards today. One of them demands from the court to analyze whether the award does not contradict the public policy of Ukraine. The other obliges to check whether the recognition or execution of the award does not threaten the interests of Ukraine and also allows refusing the recognition or enforcement of foreign arbitral award “in other cases provided by the laws of Ukraine”. It has been proved that the exception of the second type is unnecessary and is not in line with the current trends in legal regulation of public police exception as a ground for the refusal the recognition or execution of foreign arbitral awards in European countries.
Authors and Affiliations
С. М. Теплюк
Keywords
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- EP ID EP473723
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