Public Policy

122 articles available

The Ukrainian "saga" on the enforcement of the SCC emergency arbitrator’s award continues – the case is pending the second round of cassation review. The arbitration proceedings were initiated by the…

Two recent decisions (nos. 14/2015 and 176/2015) delivered by the Greek Supreme Court analyze the issue of annulling arbitral decisions on public policy grounds. Since arbitration is particularly…

In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of the 1958 New…

Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly…

By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application…

Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming its status as a …

On the ground that arbitration is a consensual and neutral means of dispute resolution, it has been suggested that arbitrators ought to be wholly and exclusively at the service of the parties and…

The new Slovak Arbitration Act (“SAA”) was adopted by the Parliament (Act. No. 336/2014 Coll.), and is in force as of January 1, 2015. In order to see whether the SAA will promote Slovakia as an…

The terms ‘variable interest entity’ (‘VIE’), ‘valuation adjustment mechanism’ (‘VAM’) and ‘public (social) interest of China’ (otherwise, Chinese ‘public policy’) each entail complex legal issues. …