CEU Electronic Theses and Dissertations, 2014
| Author | Jajanidze, Nino |
|---|---|
| Title | Public Policy as a Ground for Refusal of Recognition and Enforcement of Arbitral Awards with Special Focus on Georgia |
| Summary | Enforceability of domestic and foreign arbitral awards offers comparable advantages to parties which would otherwise are not available to them through litigation in the court system. Such a certain and efficient means of resolving dispute is brought under question when recognition and enforcement is refused for some narrow grounds. Violation of public policy proves to be one of the most pervasive and vague ground as far as its practical application leads to diverse outcomes differing from county to country. The objective of the thesis is to analyze international as well as Georgian approaches and practices, to establish clear notion of public policy and specific concepts for its application in the light of current Georgian legislation and case-law, as well as provide comparative analysis of respective countries’ practices. This paper will address the necessity for a restrictive interpretation of public policy ground. To conclude, I provide evaluation and suggest recommendations for Georgia on the application of of public policy as a ground for refusing the recognition and enforcement of domestic and foreign arbitral awards. As a result, the paper will serve pro-enforcement policy while coming up with the consistent applicability of public policy ground. |
| Supervisor | Tibor Varady |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/jajanidze_nino.pdf |
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