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2021 | Book

Enforcement of Foreign Arbitral Awards and the Public Policy Exception

Including an Analysis of South Asian State Practice

Authors: Dr. Bruno Zeller, Gautam Mohanty, Dr. Sai Ramani Garimella

Publisher: Springer Singapore


About this book

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception.

The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.

“…The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective…"

- Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator

“…This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated…”

- Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary

Detailed Forewords are available in the book and can be freely downloaded from

Table of Contents

1. Enforcement of Foreign Arbitral Awards—An Introduction
This chapter seeks to explain the importance of the enforcement of Arbitral Awards in South Asia with global trade in the South Asia region being at the threshold of a new era. Global trade has been made all the more significant by China’s push towards the development of the new Silk Road. International commercial arbitration has been regarded as the norm for for resolving international business disputes for many years and the supply chain by road, rail and ship are creating a multinational supply chain though South Asia, South-East and Central Asia into Europe. Hence, it is inevitable that the newly proposed Silk Road would create new challenges to Dispute Resolution practices, especially pertaining to the enforcement process of an Arbitral Award.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
2. UNCITRAL Model Law
This chapter discusses the exceptions to the enforcement of arbitral awards as noted in the UNCITRAL Model Law.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
3. The Exceptions to the Enforcement of Foreign Arbitral Awards Within the New York Convention—Jurisprudence from State Practice
This chapter is premised upon the observation that arbitral awards are binding and enforceable. However, certain exceptions are noted in the Model Law and the New York Convention.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
4. The Public Policy Exception to Enforcement—The Origins in Private Law
This chapter analyses and explain the importance of the public policy exception as it is often resorted to and only in exceptional circumstances an argued exception is successful.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
5. The Law on the Public Policy Exception in International Arbitration—State Practice in South Asia
Definitional clarity on the boundaries of the public policy exception in the context of international arbitration has been limited, and the exception therefore continues to be explained in a varied manner by national courts as they rely on domestic policies.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
6. Conclusion and Observations
The concluding chapter draws attention to the primordial issues addressed in the book in relation to the enforcement and recognition of foreign arbitral awards.
Bruno Zeller, Gautam Mohanty, Sai Ramani Garimella
Enforcement of Foreign Arbitral Awards and the Public Policy Exception
Dr. Bruno Zeller
Gautam Mohanty
Dr. Sai Ramani Garimella
Copyright Year
Springer Singapore
Electronic ISBN
Print ISBN

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