The aforesaid statement
[1] depicts the elusive nature of ‘public policy’ in legal proceedings that draw upon its presence in statute, conventions and legal systems. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“
New York Convention”) is a critical international convention that gives room for public policy considerations while assessing enforcement of a foreign arbitral award (foreign award). Article V(2)(b) of the New York Convention states:
“(V)(2) 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:
(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
Close
FILE - In this Thursday, April 8, 2021 file photo, the Johnson & Johnson COVID-19 vaccine sits on a table at a pop up vaccinations site the Albanian Islamic Cultural Center, in the Staten Island borough of New York. The U.S. is recommending a âpauseâ in administration of the single-dose Johnson & Johnson COVID-19 vaccine to investigate reports of potentially dangerous blood clots.
Mary Altaffer