The interpretation of public policy as an exception to the recognition and enforcement of arbitral awards in South Asia

Abstract

Arbitration is now the principal method of resolving international disputes involving states, individuals, and corporations.[1] Particularly, as multiple parties, nationalities and jurisdictions are embroiled in complex commercial transactions, international commercial arbitration has taken precedence over traditional litigation due to its flexibility, efficiency and efficacy. One of the most striking features of international commercial arbitration, is the enforcement of arbitral awards in different jurisdictions. While the other exceptions to the recognition and enforcement of awards are standard, notable is the exception of public policy, which has a seemingly residual character, from other exceptions.[2]