The public policy exception to the enforcement of foreign arbitral awards under the New York convention

Chibwe-Kombe, Mwila

The public policy exception to the enforcement of foreign arbitral awards under the New York convention

Thesis / Dissertation

2008

Publisher

University of Cape Town

Department

School For Advanced Legal Studies

Faculty

Faculty of Law

Abstract

Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, avoidance of local courts and finality. 1 However, arbitration is not without limitations and therefore the avoidance of local courts is not absolute. Any successful party in an international commercial arbitration expects the award to be performed without delay and therefore winning the arbitration is half the battle. 2 This is particularly true where the award is ~ot voluntarily carried out and the assets of the losing party are not at the seat of arbitration.