European Public Policy and International Commercial Arbitration
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Proceedings |
| Conference | Cofola International 2016 : Resolution of International Disputes |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | Arbitration; European Public Policy; New York Convention |
| Attached files | |
| Description | European public policy could be described as a summary of core values of EU law. It is a legal category derived mostly from case law of the Court of Justice. The exact determination of European public policy still remains an open question. According to CJEU case law European public policy creates a part of national public policies of Member States and needs to be considered while annulling and refusing recognition of arbitral awards. Public policy constitutes one of a ground of refusal of recognition according to the New York Convention. Although the New York Convention refers to the public policy of the country of enforcement, this paper will analyse whether European public policy falls within the scheme of the New York Convention or not. |
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