Naslov
Arbitration Proceedings and Public Policy

Autori
Sikirić, Hrvoje

Izvornik
Croatian Arbitration Yearbook (1330-6219) VII (2000); 85-114

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
public policy; international commercial arbitration; private international law

Sažetak
The author analyses the practice of state courts of law regarding the recognition and enforcement of foreign arbitral awards, with special emphasis on the violation of procedural public policy of the state where the recognition and enforcement has been sought, as a ground for refusal (Art. V(2)(b) New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). The analysis shows that for the purposes of recognition and enforcement of foreign arbitral awards a difference between the internal (domestic) public policy and international public policy has often been made in court practice. The review of analyzed decisions discovers that the alleged violation of procedural public policy concerns the role of arbitrators – their appointment, independence and impartiality and the principle of due process. The court practice reveals that the invoked violation of the latter principle which should amount to a violation of procedural public policy relates to inappropriate information about the initiation of arbitral proceedings (proper notice), terms for the appointment of arbitrators, the hearing of evidence and an award which does not contain any statement of grounds. The result of the analysis is that in only two cases has recognition and enforcement been rejected on the ground that the defects in arbitral proceedings violated the public policy of the state in which the recognition and enforcement had been sought. These two cases relate to a violation of the arbitrator’s duty of impartiality and to the hearing of evidence where the principle audiatur et altera pars has not been respected.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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