Predictability of 'public policy' in article v of the new york convention under mainland china's judicial practice / Helena Hsi-Chia Chen.

Format:

Book

Author/Creator:

Chen, Xijia, author.

Language:

English

Subjects (All):

Conflict of laws--Arbitration and award.

Conflict of laws.

Physical Description:

1 online resource (258 pages) : illustrations

Place of Publication:

Alphen aan den Rijn, Netherlands : Kluwer Law International, [2017]

Language Note:

Bibliographical references contain sources in English and Chinese.

Summary:

Predictability of 'public policy' in article V of the New York Convention under mainland China?s judicial practice', as the name suggests, focuses on the Chinese courts? application of the ?public policy? exception stipulated in Article V of the New York Convention. Whether a foreign arbitral award can be recognised and enforced by the Chinese courts has always been on the top of foreign parties? list of concerns. As the 'public policy' exception is more uncertain than most other legal concepts, it tends to be argued when other points fail. This book ? a major contribution to understanding theory and practice related to the public policy exception ? provides a comprehensive understanding on how the term ?public policy? specified in Article V of the New York Convention has been interpreted and applied by the Chinese courts.

Contents:

Introduction

The meaning of public policy

'Public policy' and the even more unpredictable 'social and public interest' in PRC arbitration law and their interrelationship

PRC's convergence with international consensus

Mainland China's departure from international consensus.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

90-411-8828-2