TY  - BOOK
AU  - Nihal Bernard Dsouza
PY  - 2023
CY  - Berlin, Germany
PB  - Peter Lang Verlag
SN  - 0531-7312
SN  - 9783631908822
TI  - Should the public policy exception be statutorily defined? The example of Indian arbitration law
DO  - 10.3726/b21193
UR  - https://www.peterlang.com/document/1370932
N2  - The public policy exception has often been relied on by national courts in India and other jurisdictions as a grounds for refusing enforcement of foreign arbitral awards. In this context the exception has been given varying interpretations. This book deals with the question of whether the scope of the public policy exception as a grounds for refusing enforcement should be legislatively defined, or rather left to judicial interpretation. It does this by using recent amendments to the Indian arbitration law as an example, and conducting comparative law research with approaches taken in both major common and civil law jurisdictions. It then evaluates the benefits - disadvantages- and the rationale for having such a definition. It finally evaluates what should be the ideal statutory scope of the exception.
KW  - Arbitral awards, Enforcement, party autonomy, judicial intervention, Ordre public
LA  - English
ER  -