Study of Public Policy Standard in Supervision on International Commercial Arbitration Award

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Abstract

Public policy is the most important standard of judicial supervision on arbitration awards which has been foreseen in the sources of international commercial arbitrations and its main purpose is to support the most basic rights and values of every country. Public policy is a flexible and dynamic concept that covers both substantive and formal issues. Of course, all public policy considerations are not applicable in international commercial arbitrations, but merely the international public policy considerations of related country must be applied in such arbitrations, preferably with strict interpretation. The most important characters of this standard are: conceptual elasticity and dynamism, possibility of entrance of court to merit, possibility of per se challenge of arbitral award by court, absence of time limit for resort to it and unwaiveability of the right to rely on it.

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