International arbitration News, analytics and practice

20Oct/151

Recognition and Enforcement of Arbitral Awards – study on public policy (2015)

The Subcommittee on Recognition and Enforcement of Arbitral Awards conducted over 2014/2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee has solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.

Each country report indicates its author(s) who may be contacted with questions or suggestions.

If you have questions, comments or suggestions generally about the general and country reports, or if you want to prepare a country report for a country not yet covered by the study, please contact the Chair of the Subcommittee, Pascal Hollander, Hanotiau & van den Berg, Brussels, at pascal.hollander@hvdb.com.

Retrieved from  IBA

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  1. Our experience with Arbitration and specifically with ICC (the International Chamber of Commerce) was absolutely horrible. Our opinion is ICC is a political organization where Arbitrators are selected based on their willingness to follow the ICC instructions where making decisions in favor of large companies is the rule. ICC nominates an ICC HQ supervisor who monitors each case and Arbitrators awards MUST be sent to the ICC “court” to be approved BEFORE its published to the parties. Hence total control of ICC management over ALL decisions/awards. Our impression is ICC acts as a commercial entity, it looks for business in any way possible and the shortest route to new business is making decisions in favor of large companies.

    Terminating Arbitration clauses in your contract or avoiding any business with entities insisting on Arbitration clause in contracts is the BEST EVER action you can take for yourself whether you are a corporation or an individual. The same opinion is our opinion with the US AAA.


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