The public policy exception to the enforcement of foreign arbitral awards under the New York convention

Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, avoidance of local courts and finality. 1 However, arbitration is not without limitations and therefore the avoidance of local courts is not absolute. Any successful party in an international commercial arbitration expects the award to be performed without delay and therefore winning the arbitration is half the battle. 2 This is particularly true where the award is ~ot voluntarily carried out and the assets of the losing party are not at the seat of arbitration.

Grantor dc:publisher.institution

School For Advanced Legal Studies

Year dc:date.issued

2008

Author dc:creator

• Chibwe-Kombe, Mwila

Advisor dc:contributor.advisor

• Christie, Richard

• Public policy
• Foreign arbitral awards
• New York

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/11427/42039

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/42039