Betamax V. STC: Alleged Illegality, Public Policy and the Model Law
نویسندگان
چکیده
Public policy can be raised in the context of setting aside or enforcing an arbitral award, and there is within international commercial arbitration a general consensus that public concept should defined narrowly. There one aspect particular which highlights tension between finality awards right forum state to uphold its policy. That situation where, face alleged illegality, tribunal concludes underlying contract lawful enforceable. The question then arises: national court permitted re-examine tribunal’s findings this regard at point enforcement? Relying on authorities from Singapore England, Judicial Committee Privy Council Betamax v State Trading Corporation – case appealed Mauritius concerned breach procurement rules has held answer no. Council’s decision will important addition Model Law jurisprudence Articles 34(2)(b)(ii) 36(1)(b)(ii), expect it cited discussed beyond confines Mauritius. arbitration, domestic remission, partial suspension proceedings, Article 34(4) UNCITRAL Law, tribunal, judicial intervention, powers arbitrators, modified Arbitration Conciliation Act 1996, curability, International Act, resumption, fresh evidence.
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ژورنال
عنوان ژورنال: Asian International Arbitration Journal
سال: 2021
ISSN: ['1574-3330', '1875-6549']
DOI: https://doi.org/10.54648/aiaj2021009