国际商事仲裁裁决承认与执行中的公共政策国际法学专业论文.docxVIP

1 1 2 2 Abstract As a major theory in private international law area, public policy is a way to refuse to apply foreign law, recognize and enforce foreign judgment and arbitral awards. It is provided in Article 5 of “Convention on the Recognition and Enforcement of Foreign Arbitral Awards” (“New York” Convention) that Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that the recognition or enforcement of the award would be contrary to the public policy. However, there is no clear def