Title: Demystifying Public Policy To Enable Enforcement of Foreign Awards - Indian Perspective
Author(s): Bhavana Sunder and Kshama A. Loya
Journal: Indian Review of International Arbitration
This article attempts to demystify the uncertainty and unpredictability around public policy, and deduces situations in which the scope and ambit of public policy can be assertively ascertained. It further examines 'public policy' as a ground for grant or refusal of enforcement of a foreign award in India, that has one of the largest judicial caseload of international commercial disputes and international arbitration. While arriving at their deductions, the authors analyse the context in which public policy is placed under the New York Convention; Indian law and its adoption of the New York Convention; the meaning of public policy and its realm of operation in law for purposes of enforcement of foreign awards; and judicial interpretation of public policy by Indian courts. Based on the aforesaid analysis, they also identify practical situations in which public policy can be raised as a ground to resist or defend resistance to enforcement of foreign awards.
Keywords: Arbitration; Public Policy; New York Convention; Foreign Award; Arbitral Award; Enforcement; International Arbitration
Cite this as: Bhavana Sunder and Kshama A. Loya, Demystifying Public Policy To Enable Enforcement of Foreign Awards – Indian Perspective, 1 IRIArb 76, 76-93 (2021).
*The views expressed are that of author(s) only.