Policy Clause Research Articles

Interaction of the Qualifications and Public Policy in Private International Law

The conflict of qualifications and the public policy clause in private international law can be used to achieve the political and legal objectives of the court's rule of law. The analysis of judicial practice and special literature on it indicates an increasing interest in the issue of interaction of these two tools for the stated purposes. The article aims to illustrate this interaction using specific examples from judicial practice and identify its patterns, in particular, to establish subordination between the conflict of qualifications and the public policy clause. To achieve the result, general scientific and special research methods were used, including the method of comparative law. As a result of the study the author has made a conclusion. The method of functional qualification dictated by legal dogmatics does not give the conflict of laws norm independence from the political and legal will of the legislator. The conflict of laws norm remains an instrument in the hands of the state to achieve political and legal goals, and in this sense its dogmatic interpretation allows for political and legal correction. This correction is expressed in a restrictive interpretation of the concepts of conflict of laws, when it becomes necessary. The protection of the court's rule of law values, traditionally associated with the reservation on public order, is transferred to an earlier stage of qualification of the concepts of the conflict of laws rule. Due to the restrictive qualification, the correction of the result dictated by dogma is carried out both in the choice of applicable law and in determining the scope of the conflict of laws reference. As a result, the queue does not reach the stage of applying the public policy clause, since its goals have already been achieved due to political and legal qualifications.

The role of the public policy clause in the Polish legal system on the example of cases concerning the conclusion and dissolution of marriage

The article aims to demonstrate the role of the public policy clause in the Polish legal system in the context of matrimonial relations, with a particular emphasis on the institution of the conclusion and dissolution of marriage. As a part of the discussion, the analysis reconstructs the essence of the public policy clause, while demonstrating the most important principles of family law and conflict-of-law rules concerning matrimonial matters. The author examines the relationship between the public policy clause and family law by emphasising differences in legal systems amongst different nations and specifying the authorised and prohibited implementation of the public policy clause regarding marriage conclusion and dissolution. It is also pointed out that child marriage, polygamy, and divorce through unilateral declaration of will, cannot be reconciled with Polish public order; and attention is drawn to the inadmissibility of establishing restrictions on the freedom to marry on the basis of racial, religious and social criteria. The author’s evaluation utilises case law, academic literature, and opinions from doctrinal representatives on this issue. The conclusion emphasises the significance of the public policy clause in preserving the consistency and uniformity of the Polish legal system as a tool to fight discrimination and gender inequality.

Attracting Gen Z workforce: the effects of organizational social media policy

ObjetivoTeniendo en cuenta la experiencia formativa única de la Generación Z con los medios sociales, este estudio aplica la teoría de la utilización de señales para investigar los efectos de la política de medios sociales como indicio organizativo para atraer a esta cohorte a las empresas de hostelería y turismo.Diseño/metodología/enfoqueSe realizó un experimento de 2x2 (marco de la política: promoción vs prevención) x (límite de la política: distinto vs permeable) con 243 personas de la Generación Z en busca de empleo en hostelería y turismo. Se aplicaron análisis ANCOVA para analizar los efectos del marco de política y el límite en el atractivo percibido de la organización y la intención de búsqueda, respectivamente.ResultadosEste estudio descubrió que cuando la política de una empresa promovía el uso de los medios sociales, los solicitantes de empleo de la Generación Z declaraban un mayor atractivo y una mayor intención de búsqueda en la condición de límite diferenciado. Sin embargo, cuando la política de medios sociales de una empresa hacía hincapié en un marco de prevención, los solicitantes de empleo de la Generación Z informaron de un nivel similar de atractivo percibido e intención de búsqueda, independientemente de las condiciones de límite de la política.Originalidad/valorEste estudio abordó las lagunas en la literatura debido a la investigación limitada sobre la fuerza laboral de la Generación Z y los efectos de las políticas de redes sociales en la atracción de talento. Basado en la teoría de utilización de señales, el estudio identificó las combinaciones de cláusulas de política que generaron impactos positivos en la contratación entre miembros de la Generación Z. El estudio proporcionó implicaciones teóricas y prácticas únicas para que los gerentes de hostelería y turismo utilicen las políticas de redes sociales como una herramienta novedosa y rentable para atraer talento de la Generación Z.

The Issue of the Scope of Application of Substantive Law Norms by an Arbitral Tribunal

The issue of the scope of application of substantive law norms by a tribunal of arbitration remains a relevant topic in Polish legal doctrine. Among legal scholars, there are still discrepancies in assessing to what extent an arbitral tribunal should apply substantive law. These uncertainties arise from the interpretation of Article 1194 of the Code of Civil Procedure and the manner in which the aforementioned legal norm is sanctioned. The answer to the research problem posed required an analysis of the public policy clause, the violation of which constitutes the basis for a complaint to set aside an arbitral award. The paper covers some basic principles of the legal order whose violation can result in the highest sanction for an award rendered by an arbitral tribunal – the setting-aside.

Public Interest and Safeguard Clauses in Private International Law

In its judgment in case C-135/15 dated April 20, 2016 the Court of Justice of the European Union confirmed the most important provisions of the doctrine of F.C. Savigny: 1) the public policy of the state is protected both by a general public policy clause (negative clause) and by special rules of a strictly positive, imperative nature (positive clause); 2) the application of positive and negative public policy clauses is based on considerations of public interest that are of fundamental importance for the political, social or economic structure of the country. In the constitutional law of Russia and foreign countries, the political, social and economic foundations of the country’s structure are the three fundamental foundations of the state, enshrined as provisions of the Constitution. The EU Regulation Rome I (Art. 9), the Civil Code of the Netherlands (Art. 10:7) and other modern foreign legal acts, as characteristics of super-imperative norms, fix the protection of public interests related to the three fundamental foundations of the organization of the state: political, social or economic structure (organization) of the state.Art. 1193 of the Civil Code of the Russian Federation establishes the elements on the legal, political or economic system of the state used by the Supreme Court of the Russian Federation as a template to determine the differences in the system of the state. Therefore, they are not suitable for the characteristics of public policy and protective clauses on public policy. Enshrined in Part 3 of Art. 55 of the Constitution of the Russian Federation, public interests (constitutionally significant values) are of fundamental importance for the political, social or economic structure of the country. In accordance with the doctrine, modern legislation and practice, public policy is based on these interests within the meaning of private international law. Considerations related to the indicated public interests underlie the application of both positive (Article 1192 of the Civil Code of the Russian Federation) and negative (Article 1193 of the Civil Code of the Russian Federation) public policy clauses.

Impact of Foreign Direct Investment, Inflation, Labor Force, and Population on Improving Living Standards in the Philippines

Vast amount of literature has well-established FDI as an important determinant of technology acquisition and modernization, economic development, capital accumulation, and employment. Economists are too engrossed in how FDI positively affects the economic growth of both the home and host countries; only a few have been associated with investigating how FDI actually improved the living standards of the people. This paper examined the impact of FDI, Inflation, Labor Force, and Population on improving living standards in the Philippines from 1985 to 2021 using the different econometric tests which are: (1) Augmented Dickey-Fuller Test, (2) Jarque-Bera Normality Test, (3) Variance Inflation Factor, (4) Breusch-Pagan Heteroskedasticity test, (5) Breusch-Pagan-Godfrey Autocorrelation test, (6) RAMSEY Reset test, (7) Correlation Matrix, (9) OLS Multiple Regression, (10) Johansen Cointegration and (11) Granger Causality. The findings in the various tests revealed that FDI, Inflation, Labor Force Participation, and Population have cointegrating relationships with Self-Rated Poverty Rate within the time series. Moreover, the OLS regression model has shown that Labor Force Participation and Inflation have significant relationships with living standards while the country’s FDI and Population are insignificant. Granger Causality also revealed that Inflation, Labor Force, and Population Granger caused living standards in the Philippines and only FDI not. With all of the results of the tests, it is evident that the dependent variables affect the living standards in the Philippines, it just varies on how little or extensive it is. This study supports the loosened restrictions to foreign ownership as the results affirmed the significant effects of most of the dependent variables on the Self-Rated Poverty Incidence; however, must still take precautionary measures as some variables exhibit insignificance in the long run. The paper recommends implementing policies that are moderately reliant on Foreign Direct Investment, Population, Inflation, and Labor Force Participation rate because all of the variables are proven to be related to the Self-Rated Poverty Incidence, which is the variable used to measure the living standards in the Philippines. However, the Philippine government should focus and be meticulous on policy clauses that would benefit not just the corporate but also its employees to help attain prosperity for the country and its countrymen and to help alleviate poverty.

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

The relevance of this study is that due to the conditions of the globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing. There is also complexity and ambiguity in understanding the legal category of "public order" because this institution is not a definitively regulated area of law enforcement in the modern legal order. This article’s research object is the social relations arising through the activities of arbitration courts in international commercial turnover. This work aims to identify the procedures, mechanisms, and features of applying the public policy clause in recognizing and enforcing 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, as it helps identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in 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 in the territory of a foreign state based on contradiction to public order. In the course of the study, the following conclusions were made. The complex problems that have formed in this area are almost impossible to solve by signing and putting into effect a single normative legal act at an international level. The list of cases applying 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.

To the question on the modern concept of public policy clause in private international law

To the question on the modern concept of public policy clause in private international law

Prawo właściwe dla przysposobienia według polsko-ukraińskiej umowy o pomocy prawnej

The subject of the study is the analysis of the conflict of law rules contained in Article 30 of the Agreement between the Republic of Poland and Ukraine on legal assistance and legal relations in civil and criminal matters, made in Kiev on May 24, 1993 (Journal of Laws of 1994, No. 96, item 465) determining the jurisdiction and applicable law for establishing, amending, terminating and canceling the adoption. Before proceeding with this analysis, some differences in the substantive and procedural/technical rules relating to adoption in Polish and Ukrainian law are pointed out. Furthermore, it is emphasized that under Article 30 of the Agreement the institution of renvoi plays no part. In the event of multiple Polish and Ukrainian citizenship, the decisive factor becomes the “effective” citizenship. Article 30, on the other hand, offers no solution for stateless persons. Next, the jurisdiction designated by Article 30 sec. 5 sentence 1 of the Agreement (dealing with matters of adoption, as well as the amendment, termination or annulment of the adoption) is analyzed. Subsequently, the author takes up the questions relating to determination of the law applicable to adoption by one person and the joint adoption by spouses. The author contends that the law applicable to the adoption is fixed and so it is not subject to changes. The article assumes that the effects of a full adoption “transform” — on the confl ict-of-laws level — into relations between parents and children, and the effects of a partial adoption are governed by the law applicable to the establishment of adoption.The article shows that the law applicable to its establishment of the adoption is applicable also to the amendment, termination and annulment of adoption. The author further submits that in theory the public policy clause may be used under the Polish-Ukrainian Agreement, but in practice this should not occur too often because there are no provisions of the Ukrainian adoption law, the application of which would result in consequences contrary to the fundamental principles of the Polish legal order.

Immunities: Recognition of Foreign Judicial Decisions Denying State Immunity for Terrorist Acts: What Role for the Public Policy Clause?

Immunities: Recognition of Foreign Judicial Decisions Denying State Immunity for Terrorist Acts: What Role for the Public Policy Clause?

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

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.

Perception and Behavior of Teachers about Teacher Targeted Bullying and its Prevention in Tertiary Education Institutes

Purpose: In the past, a number of research studies have been done on bullying, but most of them are in the context of student’s bullying students. The present study highlighted an important issue of teachers being bullied by their students. The purpose of the study was to examine the perception and behavior of teachers about teacher targeted bullying (TTB) and prevention of TTB.
 Design/Methodology/Approach: This study was quantitative in nature. The sample comprised of all public and private tertiary education institutions/ colleges of Lahore. The data was collected from one hundred fifty teachers through cluster sampling technique from six public and private tertiary education institutions/ colleges. A self-developed instrument, comprising of statements on frequency, perception, behavior and preventive measures on teacher targeted bullying was used to collect data from respondents.
 Findings: The results indicate that the teachers’ awareness level about TTB is low. Furthermore, they are also not aware about the types of bullying they are facing. The response of teachers on preventing bullying is also not very positive while very less teachers are prone to take preventive measures to stop or reduce bullying. The tests on demographic variables indicate that there is difference in opinion on basis of age and work experience of teachers towards teacher targeted bullying.
 Implications: Based on results it can be recommended that there is need to aware teachers and administrators about teacher targeted bullying so that they can voice up against it. Additionally, this can also be recommended that the policy clauses should be added and displayed at institutes about teacher targeted bullying.

Ordre public and non-enforcement of judgments in intra-EU civil matters: remarks on some recent Polish-German cases

The article discusses the enforcement of foreign judgments within the European Union and the public policy (ordre public) exception. It is mainly focused on some recent judgments of Polish and German courts. On 22nd December 2016 and 23rd of March 2021 rulings in cases of infringement of personality rights were issued by the Court of Appeal in Cracow (ordering an apology and correction). The enforcement of the former ruling was dismissed by the German Supreme Court (Bundesgerichtshof, BGH) (IX ZB 10/18) on 19th July 2018. The non-enforcement was justified by invoking German ordre public and “freedom of opinion” as a constitutional right stipulated in Article 5 of the German Constitution (Grundgesetz). A reference to the CJEU ruling of 17 June 2021 is also presented. After presenting the issue of ordre public in the context of enforcement of foreign judgments within the EU, the authors evaluate as questionable the argumentation of the BGH in its 2018 judgment. The Polish ruling ordering the defendant to correct and apologise for the false statement was included by the BGH in the category of “opinion” (Meinung) protected by the German Constitution. Enforcement of the judgment of the Polish court in Germany was held to be contrary to this German constitutional right and the enforceability of the Polish judgment was denied as being manifestly contrary to German public policy. The authors support the functioning of the ordre public clause in intra-EU relations. It is justified inter alia by the large differences in EU legal systems and future possible changes. However, the common standards of the ECHR should be particularly taken into consideration when applying the public policy clause, because they co-shape the EU legal systems.

O‘ZBEKISTON RESPUBLIKASIDA XALQARO XUSUSIY HUQUQNI ISLOH QILIS

In 2019, the Republic of Uzbekistan adopted the Concept for Improving Civil Legislation, in accordance with which the country began the process of modernizing the current Civil Code. As part of this process, the reform of Uzbek private international law is also being carried out. Uzbek specialists have developed the Draft Section VI of the Civil Code “Application of the norms of private international law (conflict of laws) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. In the article, using comparative-legal, dialectical and formal-logical methods, the most significant changes that are planned to be made to Chapter 62 «General Provisions» are analyzed. Among the most important novels, one can note: 1) establishing the priority of a unified substantive (direct) method of regulating relations in the sphere of PIL; 2) the formulation of an independent norm «Basic Principles of Private International Law»; 3) positioning the autonomy of the will of the parties as an independent principle of PIL; 4) expanding the possibility of extraterritorial application of foreign law in Uzbekistan or in its individual territories; 5) correction of the public policy clause; 6) development of a subsidiary reference model for the application of the law of a country with a plurality of legal systems. All the changes proposed in the Project fundamentally change the current Uzbek regulation. If these changes are adopted, Uzbekistan will receive a legally qualified, doctrinally sound and up-to-date PIL legislation. At the same time, there are a number of issues that have not been reflected in the Draft or have not undergone the necessary innovations. In particular, it seems necessary: 1) to clarify the concept of “foreign element”; 2) to develop and legally consolidate a glossary of basic concepts and terms; 3) to update the regulation of such institutions as “legal qualification”, “establishment of the content of foreign law”, “backward reference”; 4) to develop independent normative regulation of adaptation problems, mobile conflict, preliminary and secondary conflict issues. The article concludes that, in general, the conflict regulation model proposed by Uzbek specialists takes into account the main modern trends in the development of PIL and contains quite flexible, but at the same time quite definite and predictable rules for choosing the applicable law, corresponding to the legitimate expectations of the parties.

Reform of Private International Law in the Republic Uzbekistan

In 2019, the Concept of Improving Civil Legislation was adopted in the Republic of Uzbekistan, according to which the process of modernization of the current Civil Code has begun. As part of this process, the reform of Private International Law is also being carried out. Developed a draft of Section VI of the Civil Code of the Republic of Uzbekistan “Application of the norms of Private International Law (conflict of laws norms) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. The article analyzes the most significant changes that are planned to be made to Chapter 62 “General Provisions” using comparative legal, dialectical and formal-logical methods. Among the most important novelties are: 1) establishing the priority of a unified substantive (direct) method of regulating relations in the sphere of Private International Law; 2) formulation of an independent norm “The basic principles of Private International Law”; 3) positioning the autonomy of will of the parties as an independent principle of Private International Law; 4) expansion of the possibility of extraterritorial application of foreign law in Uzbekistan or in its separate territories; 5) correction of the public policy clause; 6) development of a model of subsidiary reference for the application of the law of a country with a plurality of legal systems. All the changes proposed in the Draft radically transform the current regulation. If these changes are adopted, Uzbekistan will receive legally qualified, doctrinally sound and relevant legislation on Private International Law. At the same time, there are a number of issues that have not been reflected in the Draft or have not undergone the necessary innovations. In particular, it seems necessary: 1) to clarify the concept of “foreign element”; 2) to develop and legally consolidate a glossary of basic concepts and terms; 3) to update the regulation of such institutions as “legal qualification”, “establishment of the content of foreign law”, “renvoi”; 4) to elaborate independent normative regulation of adaptation problems, mobile conflict, preliminary and secondary conflict issues. The article concludes that, in general, the model of conflict of laws regulation proposed takes into account the main current trends in the development of Private International Law and contains quite flexible, but at the same time quite definite and predictable rules for choosing the applicable law that correspond to the legitimate expectations of the parties.

Transnational public policy

The article explores the legal institution of transnational public policy, which is unfamiliar in Russian judicial practice. This type of public policy is usually only mentioned in passing in studies dealing with the application of the public policy clause. Meanwhile, the transnational public policy is a quite complex legal phenomenon, on the legal nature and even application expediency of which, there are diametrically opposed opinions. The disputes concerning transnational public policy largely stem from the more global contradictions caused by the existence of various theories about the legal nature of international arbitration. At the same time, the transnational public policy is no longer exclusively a theoretical construction and is used by international commercial and investment arbitrations, although infrequently. The arbitrators’ concerns when using this legal institution are due to the uncertainty of its content, the lack of a stable practice of use, as well as an understandable reluctance to justify their own conclusions in their award by referring to a dubious (from the position of the national court, which will subsequently enforce such an award) legal concept. Meanwhile, rare cases when arbitrators nevertheless decided to resort to a reference to a transnational public policy become the object of close attention of foreign researchers as examples of a very progressive approach to dispute resolution and argumentation of decisions made. The article defines and compares the main theoretical views on the essence and content of the transnational public policy, examines the practice of its application by international commercial and investment arbitrations, and also examines the possible prospects for its application by national judicial authorities. The opinions of researchers, including negative ones, regarding the viability of the concept of transnational public policy itself are also presented. The major material for the study were foreign scientific articles, which set out various views on the legal nature of the transnational public policy, as well as a few examples from international arbitral practice. Based on the results of the study, conclusions are drawn about the prospects of transnational public policy application by state courts, as well as about the feasibility of its use by international commercial and investment arbitrations.

Pharmacotherapy for smoking cessation: effects by subgroup defined by genetically informed biomarkers.

This review has been withdrawn because it has been found to be in breach of the Cochrane Commercial Sponsorship policy clause 2: 'Individuals who are currently employed or where employed any time in the last three years by a company that has a real or potential financial interest in the outcome of the review (including but not limited to drug companies or medical device manufacturers); or who hold or have applied for a patent related to the review are prohibited from being Cochrane Review authors. In most cases, current or previous employment would be characterized by the affiliation statement made by the author at the title registration, protocol, or review stage of the review'.

The Evolution of Brazilian CFIAs from 2015 to 2020: Like Wine, Does It Get Better with Time?

This article undertakes an in-depth analysis of the evolution of Brazil’s Cooperation and Facilitation Investment Agreements (CFIAs) since the publication of the Brazilian Model CFIA in 2015. It studies the tumultuous history of investment treaties in Brazil and how it may have shaped Brazil’s response to the investor-State arbitration regime through the current model CFIA. It assesses how the reception of Brazil’s Model CFIA among Brazilian stakeholders and commentators may have influenced the trends and evolutions of the fourteen CFIAs signed by Brazil from 2015 to 2020. It argues that the Brazilian CFIAs have improved with time through the progressive narrowing and strengthening of their jurisdictional, substantial, public policy and dispute resolution clauses. At the same time, they may not have fully implemented the criticisms and comments of academia and Brazilian civil society, and some provisions remain to be clarified in the future. Bilateral Investment Agreement, Brazil, Model BIT, Cooperation and Facilitation Investment Agreements, Investment arbitration reform

Chapter 20 – Technical Standards: Fair, Reasonable and Non-Discriminatory (FRAND) Licensing

This chapter in the forthcoming case book Intellectual Property Licensing and Transactions covers licensing transactions involving standards-essential patents (SEPs), including recent legal developments regarding the disclosure (and concealment) of SEPs, fair, reasonable and nondiscriminatory (FRAND) royalty rates, non-discriminatory licensing, the availability of injunctive relief for FRAND-encumbered patents, and transfers of FRAND commitments, as well as specific SDO policy clauses and license text addressing each of these issues. [Note: updated to address Ninth Circuit decision in FTC v. Qualcomm, 8/11/20]

Public policy clause in law and judicial practice of the People’s Republic of China

The article presents an analysis of approaches to applying the public policy clause as a ground for refusing recognition and enforcement of foreign arbitral awards in Chinese judicial practice. The study also addresses issues related to the enforcement of “internal” arbitral awards in China. The choice of this legal order for the study is that the public policy clause appeared in Chinese law relatively recent. In addition, mainland China joined the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 only in 1987, much later than the USSR. At first, Chinese courts, like those in Russia, had a poor understanding of how to interpret and apply the public policy clause, but later the situation changed for the better. Taking into account China’s significant role in international trade, it is important to find out in which situations Chinese courts recognize public policy violations. Apart from the legal acts of the People’s Republic of China that embody the public policy clause, the article also analyzes Chinese judicial practice. A few examples of the use of this clause in domestic disputes were also studied. Based on the results of the study, it is concluded that the Chinese judicial practice has already developed a restrictive and uniform approach to the interpretation of the content of public policy. Given that it is not yet possible to draw a similar conclusion in relation to Russian judicial practice, Russian law enforcement authorities could pay attention to the approaches of the Supreme People’s Court of the People’s Republic of China, in particular, to its consistent practice of distinguishing of public policy violation from other grounds for refusal to recognize and enforce foreign arbitral awards.