Refusal to Recognize and Enforce Decisions of international Commercial Arbitrations on the Basis of Contradiction to Public Policy

Abstract

The relevance of the study is confirmed by the fact that in the conditions of globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing, as well as by the fact that there is complexity and ambiguity in understanding the legal category of "public order" due to the fact that this institution is not a definitively regulated area of law enforcement in the modern legal order. The object of research of this article is social relations arising as a result of the activities of arbitration courts in international commercial turnover. The purpose of the work is to identify the procedures, mechanism and features of the application of the public policy clause in the field of recognition and enforcement of international commercial arbitration decisions. When writing this article, both general scientific research methods, including analysis, synthesis, deduction and induction, and special methods of cognition, such as comparative legal and descriptive methods, were used. One of the main methods in this work is comparative law, since it helps to identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in the consideration of the correlation of issues concerning the legal nature of "public order", as well as the analysis of cases related to the procedure of refusal to recognize and enforce decisions of international commercial arbitration on the territory of a foreign state on the basis of contradiction to public order. In the course of the study, the following conclusions were made. The complex of problems that have formed in this area is almost impossible to solve by signing and putting into effect a single normative legal act of the international level. The list of cases of application of this legal category in arbitration activities is non-exhaustive. The public policy clause is one of the most important components of the institutions of private international law. The institution of public order has an extraordinary character in the decisions of international commercial arbitration.