Procedural Public Policy
in Regard to the Enforcement and Recognition of Foreign Arbitral Awards
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Present work analyzes the notion of procedural public policy as an independent ground for refusing the recognition and enforcement of foreign arbitral awards with particular emphasis on development of this concept in the Russian Federation. General examination of the public policy and its evolution in international practice and theory and in Russia precedes discussion of the main topic and shows separation of the procedural public policy within the general concept of the public policy. The procedural public policy is scrutinized through comparison with other procedural grounds established in t...
Present work analyzes the notion of procedural public policy as an independent ground for refusing the recognition and enforcement of foreign arbitral awards with particular emphasis on development of this concept in the Russian Federation. General examination of the public policy and its evolution in international practice and theory and in Russia precedes discussion of the main topic and shows separation of the procedural public policy within the general concept of the public policy. The procedural public policy is scrutinized through comparison with other procedural grounds established in the New York Convention and discussion of the major legal principles widely recognized as part of the procedural public policy. It is concluded that the procedural public policy has its own unique content and purpose that allow considering it as an independent ground for refusing the enforcement and recognition of foreign arbitral awards. At the same time the concept of procedural public policy in Russia is at the stage of its emergence and facing certain challenges due to a number of factors discussed in the paper.
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