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Public Order Clause as Grounds for Refusing to Recognize and Enforce Foreign Arbitral Awards

Student: Iritsyan Jivan

Supervisor: Maryana Batalova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The modern world is built on the frequent interaction of individuals, predetermining international economic relations. In order for these economic relations to develop steadily and without obstacles, high-quality management at various levels is necessary. One example of such governance is the ability of a sovereign state to recognize and apply the norms of foreign law on its territory. However, each state is unique, its social structure and the rule of law are also unique, so this application of foreign norms has always had and will continue to have a certain framework. If such a foreign rule violates public policy or the consequences of its application will be violated, the public policy clause may be applied. The public policy clause guarantees the internal stability of the state and its economic and social foundations. However, the concept of public order is rather vague, so courts can interpret it broadly and apply the reservation, negating the decisions of foreign arbitration courts. That is why I consider this topic relevant.

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