CEU Electronic Theses and Dissertations, 2012
| Author | Steiner, Szabolcs Balazs |
|---|---|
| Title | PUBLIC POLICY AS GROUND FOR REFUSAL OF RECOGNITION OF FOREIGN ARBITRAL AWARDS WITH SPECIAL FOCUS ON AUSTRIA AND HUNGARY |
| Summary | Commercial arbitration is the preferred method of international business due, inter alia, to the worldwide enforceability of awards guaranteed by the New York Convention. However, such universal enforceability is not limitless: Recognition and enforcement may be refused for some narrow grounds. The ground most often invoked is the violation of public policy. Since public policy differs from state to state, there is no uniform worldwide practice on its application. This significantly thwarts the effectiveness of arbitration. Such lack of uniformity can be diminished by clear universal concepts of the application of public policy. In this thesis, I address this lack of universality and establish clear concepts for the application of public policy by comparatively analyzing the general international understanding and the nationally varying implementations using the examples of Austria and Hungary. In doing so, I propose a definition of public policy and establish specific concepts for its application. On this basis, I suggest improvements in the Austrian and Hungarian applications of public policy as a ground for refusing the recognition and enforcement of foreign arbitral awards. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/steiner_szabolcs.pdf |
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