公共政策与国际商事仲裁裁决的承认和执行

公共政策是各国普遍采纳的一项法律制度。在对要求承认和执行的国际商事仲裁裁决进行司法审查时,公共政策成为法院拒绝承认与执行仲裁裁决的传统理由,鉴于公共政策内涵不确定性的特征,使得各国在适用公共政策时享有较大的自主权,客观上为各国滥用公共政策提供了一定的便利。

Public Policy and Recognition and Enforcement of International Commercial Arbitration Awards

Public policy has been adopted as a legal system universally.The court has always refused to recognize and enforce international commercial arbitration awards by public policy when a judicial review has been on them.We have had much freedom of judicial discretion when we invoke it because there has not had establishing identity of public policy connotation,and that has made it easy to abuse it.The present writer made a summary of the development of its theory and practice.The integration of theory with practice on administration of justice at home and abroad will add new elements to it constantly.