“Extent of Court Review of Public Policy”, New York Law Journal, April 5, 2007.
It is universally accepted that court review of arbitral awards at the seat of the arbitration or in the country where recognition and enforcement is sought includes an examination on the ground of that particular jurisdiction’s conception of international public policy. This principle has been embodied, in particular, in Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. The content of international public policy may, however, vary from one jurisdiction to the other, both as regards public policy requirements concerning the merits of a dispute and as regards public policy requirements concerning the arbitral procedure (see E. Gaillard and J. Savage (eds.), Fouchard Gaillard Goldman, Kluwer, 1999, paragraphs 1645-1662 and 710-1713). Each jurisdiction’s understanding of international public policy encompasses the set of fundamental values a breach of which could not be tolerated by that particular legal order, even in international cases.