Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

Price: £110.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Luba housing

The Public Policy Exception Under The New York Convention: History, Interpretation, and Application

ISBN13: 9781937518226
Previous Edition ISBN: 9781937518035
Published: June 2013
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £90.00

Low stock.

The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China.

In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences.

The Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.

Arbitration and Dispute Resolution
About the Author
Chapter 1: Introduction
Chapter 2: Interpretation of International Conventions
Chapter 3: Drafting History of Article V (2) (b) of the New York Convention
I. Geneva Convention on the Execution of Foreign Arbitral Awards 1927
II. ICC Reviewed Geneva Convention and Prepared Preliminary Draft Convention
III. ECOSOC's Ad Hoc Committee Prepared Draft Convention
IV. Comments from Governments and NGOs to Draft Convention
V. United Nations Conference on International Commercial Arbitration
Chapter 4: Interpretation of Art. V (2) (b)
I. Limitation of Grounds
II. Contrary to the Public Policy "of That Country"
III. Literal Interpretation: "Public Policy" Is Not Identical with "Domestic Law"
IV. "May Also Be Refused"
V. "Public Policy"--Narrow or Wide Interpretation?
VI. Relationship between Article V(1) and V(2)(b)
Chapter 5: The Application of the Public Policy Exception in Various Countries
I. Austria
II. Canada
III. England
IV. France
V. Germany
VI. Hong Kong
VII. Hungary
VIII. Ireland
IX. Italy
X. Japan
XI. Republic of Korea
XII. Malaysia
XIII. Mexico
XIV. New Zealand
XV. Republic of the Philippines
XVI. Singapore
XVII. Spain
XVIII. Sweden
XIX. Switzerland
XX. United States of America
Chapter 6: The Application of the Public Policy Exception in Brazil, Russia, India and China
I. Brazil
II. Russian Federation
III. India
IV. People's Republic of China
Chapter 7: Conclusion