The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards
Author :
Publisher : Springer Nature
Total Pages : 345
Release :
ISBN-10 : 9783662676790
ISBN-13 : 3662676796
Rating : 4/5 (796 Downloads)

Book Synopsis The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards by : Shu Zhang

Download or read book The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards written by Shu Zhang and published by Springer Nature. This book was released on 2023-09-19 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.


The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards Related Books

The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards
Language: en
Pages: 345
Authors: Shu Zhang
Categories: Law
Type: BOOK - Published: 2023-09-19 - Publisher: Springer Nature

DOWNLOAD EBOOK

This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of in
Enforcement of Foreign Arbitral Awards and the Public Policy Exception
Language: en
Pages: 194
Authors: Bruno Zeller
Categories: Law
Type: BOOK - Published: 2021-07-22 - Publisher: Springer Nature

DOWNLOAD EBOOK

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available
International Dispute Resolution and the Public Policy Exception
Language: en
Pages: 169
Authors: Farshad Ghodoosi
Categories: Law
Type: BOOK - Published: 2016-06-10 - Publisher: Routledge

DOWNLOAD EBOOK

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined
International Arbitration and Public Policy
Language: en
Pages: 251
Authors: Devin Bray
Categories: Arbitration and award
Type: BOOK - Published: 2014-10-01 - Publisher: Juris Publishing, Inc.

DOWNLOAD EBOOK

International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International
Public Policy Exception Under The New York Convention
Language: en
Pages: 398
Authors: Anton G. Maurer
Categories: Law
Type: BOOK - Published: 2013-06-01 - Publisher: Juris Publishing, Inc.

DOWNLOAD EBOOK

The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public polic