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PITTSBURGH – A truck unloader for a merchandise reseller business claims he was disciplined in retaliation for his reporting several alleged safety violations he observed on the job to the Occupational Safety and Health Administration (OSHA).
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...