Refusal of recognition and enforcement of foreign arbitral Award
Q : The standard for determining whether the public policy of the enforcing country would be violated by the recognition and enforcement of arbitral awards in light of Article 5.2 (b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which provides grounds for refusal of recognition and enforcement of foreign arbitral awards A : Article 5 of the New York Convention limits the grounds to refuse enforcement of arbitral awards. Article 5.2 (b) provides that a court of law in the country where the recognition and enforcement is sought may refuse if either the recognition or the enforcement of the award would be contrary to public policy of that country. A refusal is not contrary to public policy if the recognition and enforcement of a foreign arbitral award does not effect the fundamental moral norms and social order of the enforcing country is preserved. In determining whether pu...