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The public policy exception has often been relied on by national courts in India and other jurisdictions as a grounds for refusing enforcement of foreign arbitral awards. In this context the exception has been given varying interpretations. This book deals with the question of whether the scope of the public policy exception as a grounds for refusing enforcement should be legislatively defined, or rather left to judicial interpretation. It does this by using recent amendments to the Indian arbitration law as an example, and conducting comparative law research with approaches taken in both major common and civil law jurisdictions. It then evaluates the benefits - disadvantages- and the rationale for having such a definition. It finally evaluates what should be the ideal statutory scope of the exception.
List of contents
Public policy and its many contours
Use and abuse of the public policy exception under the Indian arbitration law
How the Indian approach to public policy compares with other jurisdictions
The innovative approach of Indian arbitration law in dealing with the public policy
Exception
The defining of public policy - A useful innovation?
Determining the competent authority for deciding on claims where there is a
violation of public policy
About the author
Nihal Dsouza is enrolled as an advocate in India, he is currently employed as a legal counsel at a international cruise shipping company. In the past he has been active in giving lectures to undergraduate law students at University of Goettingen and University of Bonn. He worked as a Research Fellow (wissenschaftliche Mitarbeiter) at Bonn University for over six years, during which time he researched extensively in the field of international arbitration and had the opportunity to coach the Vis Moot Court Team of Bonn University. Although his doctoral research was primarily at Bonn University, his participation as an external member of the International Max Planck Research School (IMPRS) on Successful Dispute Resolution in International Law helped facilitate his reasearch.
