Enforcement of foreign arbitral awards and the public policy exception : Including an analysis of South Asian state practice

Zeller, Bruno, Mohanty, Gautam and Garimella, Sai Ramani (2021) Enforcement of foreign arbitral awards and the public policy exception : Including an analysis of South Asian state practice. 1st ed. Springer, Singapore. ISBN 978-981-16-2636-4

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The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception.

Item Type: Book
Keywords: International commercial arbitration | Foreign arbitral awards | UNCITRAL model law | Public policy harmonization | South asia
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 17 Mar 2022 11:59
Last Modified: 27 Mar 2024 08:27
Official URL: https://doi.org/10.1007/978-981-16-2634-0
URI: https://pure.jgu.edu.in/id/eprint/1717


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