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Law and Politics
Reference:

Refusal to Recognize and Enforce Decisions of international Commercial Arbitrations on the Basis of Contradiction to Public Policy

Guliev Shamil Akhmed Ogli

Master, Department of European Studies Institute, Moscow State Institute of International Relations of the Ministry of Foreign Affairs of Russia

76 Vernadsky str., Moscow, 119454, Russia

shiatunabi313@mail.ru
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Rzaev Ramil Gummat Ogli

Master, Department of International Law Faculty, Moscow State Institute of International Relations of the Ministry of Foreign Affairs of Russia

76 Vernadsky str., Moscow, 119454, Russia

shiatunabi313@mail.ru
Other publications by this author
 
 

DOI:

10.7256/2454-0706.2022.8.38673

EDN:

UFOXRE

Received:

25-08-2022

Published:

01-09-2022

Abstract: The relevance of this study is that due to the conditions of the globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing. There is also complexity and ambiguity in understanding the legal category of "public order" because this institution is not a definitively regulated area of law enforcement in the modern legal order. This article’s research object is the social relations arising through the activities of arbitration courts in international commercial turnover. This work aims to identify the procedures, mechanisms, and features of applying the public policy clause in recognizing and enforcing international commercial arbitration decisions. When writing this article, both general scientific research methods, including analysis, synthesis, deduction, and induction, and special methods of cognition, such as comparative legal and descriptive methods, were used. One of the main methods in this work is comparative law, as it helps identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in consideration of the correlation of issues concerning the legal nature of "public order," as well as the analysis of cases related to the procedure of refusal to recognize and enforce decisions of international commercial arbitration in the territory of a foreign state based on contradiction to public order. In the course of the study, the following conclusions were made. The complex problems that have formed in this area are almost impossible to solve by signing and putting into effect a single normative legal act at an international level. The list of cases applying this legal category in arbitration activities is non-exhaustive. The public policy clause is one of the most important components of the institutions of private international law. The institution of public order has an extraordinary character in the decisions of international commercial arbitration.


Keywords:

international law, public law, arbitration, arbitration court, Russia, the civil code, commercial law, private law, right, international relations
References
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Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. The subject of the research of the peer-reviewed article "Refusal to recognize and enforce decisions of international commercial arbitrations on the basis of contradiction to public order" is the current problems related to the recognition and enforcement of decisions of international commercial arbitrations in case of their contradiction to their general public order in the state. Research methodology. The methodological basis of the article is a systematic and structural approach to the study of the institution of recognition and enforcement of international commercial arbitration decisions, as well as the grounds for refusal of recognition and enforcement in case of contradiction to public policy. Among the methods used are: abstraction, induction, deduction, hypothesis, analogy, synthesis, as well as historical, theoretical-prognostic, formal-legal, systemic-structural legal modeling. In addition, the use of typology, classification, systematization and generalization should be noted. The relevance of research. The relevance of the topic of the article is beyond doubt. As the author himself correctly notes, when the parties apply to arbitration in order to resolve commercial disputes, the parties may face the problem of recognizing and enforcing an arbitration award on the territory of a foreign state, when the category of public order of the state acts as the basis for refusal: "Due to the existence of such a category, decisions of foreign arbitration courts in private law disputes sometimes cannot be enforced on the territory of another foreign state due to contradiction to the foundations of the rule of law of that state." Objectively, such circumstances are due to the peculiarities of national legal systems: "It is important to note that each state has developed a clear scheme, a structure on the basis of which all public authorities, including the courts, operate in the country." It is a difficult situation when there is a court decision, but it cannot be presented for execution. Scientific novelty. Earlier in Russian legal science, the question of problems related to the refusal to recognize and enforce decisions of international commercial arbitrations on the basis of contradiction to the public policy of the state was raised, but the author chose a new aspect of the study, which gives the article scientific novelty. Style, structure, content. The article is written in scientific legal language, the author uses special terminology. The article consists of an introduction, the main part and the final provisions. The content of the article reveals the topic. The material is presented consistently, competently and clearly. Bibliography. The list of bibliographic sources is correct. The only comments on sources from the Internet, you should specify the date of the request. Appeal to opponents. The article correctly presents the points of view of other scientists dealing with similar research issues. Conclusions, the interest of the readership. The article "Refusal to recognize and enforce decisions of international commercial arbitrations on the basis of contradiction to public policy" meets the established requirements and can be published in the scientific journal "Law and Politics" (corresponds to its subject). The reviewed work may be of interest to specialists in the field of private international law, as well as students, teachers of law schools and faculties. In addition, the problems raised by the author may be of interest to a wide range of readers interested in legal issues.
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