FOREIGN ARBITAL AWARDS; ARTICLE V(1)(A) AND PUBLIC POLICY, A BACKDOOR TO ESCAPE ENFORCEMENT

Sneha Gupta

Student of Symbiosis law school, Pune

Best Citation – Sneha Gupta, FOREIGN ARBITAL AWARDS; ARTICLE V(1)(A) AND PUBLIC POLICY, A BACKDOOR TO ESCAPE ENFORCEMENT, 2 (4) & 9 of 2022, IJLR

ABSTRACT

International commercial arbitration is a means of resolving disputes between private parties originating from cross-national commercial agreements that permits the parties to avoid litigation in national courts. So many trades, contracts, and transections occur daily on national and international level that it is only natural for disputes to arise in a number of instances. Judicial proceedings are rarely an option for the parties in an international economic dispute. A private individual has no standing or jurisdiction in an international court. Only governments may present a dispute to the International Court of Justice for resolution, and they are not legally required to do so unless the issue’s continuation threatens international peace and security.

Arbitration is an alternate method to resolve disputes. Arbitration is chosen by parties who wish to avoid protracted, expensive, and nationwide court proceedings. Arbitration usage has expanded alongside the expansion of international trade and commerce, as well as the conflicts arising from these endeavours. Most contracts have a clause that says any disagreements that come up over the contract will be settled through arbitration instead of litigating. At the time the contract is made, the parties can agree on the forum, the rules of procedure, and the law that will apply.

This article will discuss the evolution and necessity of international commercial arbitration in the modern world. I will focus primarily on two issues regarding foreign arbitral awards and grounds for their non-enforcement. And how the judiciary has protected these exploitable grounds and supported pro-enforcement ideas.

Keywords: Arbitration, commercial, foreign arbitral awards, New York Convention, Public Policy, judiciary.