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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...

To print this article, all you need is to be registered or login on Mondaq.com. The words of J. Burrough aptly justify the unpredictability of the interpretation of the term 'public policy' when he says, " Public Policy is an unruly horse where once you stride on it you do not know where it's going to take you." For decades India has been perceived as a jurisdiction which is not arbitration friendly and where enforcement of foreign arbitral awards is problematic. As per section 34(2)(b)(ii) of the Arbitration Act, 1996 an arbitral award can be set aside by the court if...