engleski

Public policy as a ground for setting aside an arbitral award

In this paper the author analyses public policy as a ground for setting aside arbitral awards. First, there is an analysis of the institution of public policy as a ground for refusing the recognition and enforcement of foreign arbitral awards. It is stated that in such a case, the institution must be interpreted restrictively, in the meaning of “international public policy”. The analysis of the institution of public policy as a ground for setting aside domestic arbitral awards includes a review of comparative law solutions, as well as a detailed analysis of the provisions of Article 36, para. 2, p. 2 (b) of the Arbitration Act, which stipulates that the court will set aside an arbitral award ex officio if it establishes that it is contrary to the public policy of the Republic of Croatia. A number of viewpoints in legal theory and case law are also given, and some selected issues regarding the application of the provisions are explained. The author’s position is that the concept of “public policy”, when setting aside domestic arbitral awards, should not be interpreted as the “totality of all mandatory rules” of Croatian law, but that the adjustment of a particular arbitral award to public policy should be interpreted in the same way as in the case of the recognition and enforcement of foreign arbitral awards.

public policy; arbitral award; Law on arbitration; recognition and enforcement of foreign arbitral awards; setting aside of domestic arbitral awards

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