The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards

This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China's performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China's recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.

Covers a comprehensive statistical and case study of the Chinese court's decisions applying the public policy ground Illustrates and assesses the operation of the Chinese court system, and in particular, the Prior Reporting System Focuses on the different public policy concepts as proposed by the ILA report and their reflections

Autorentext

Dr. Shu Zhang is a senior lecturer in commercial law in the Deakin Law School, Deakin University (Australia). Before joining the Deakin Law School, Dr. Zhang was a post-doctoral fellow in the Chinese International Business and Economic Law Initiative, Law School, University of New South Wales (Australia). Her research interests include international commercial law, dispute resolution and international arbitration, as well as comparative contract law. She is also admitted to practice in New South Wales, Australia. Dr. Zhang obtained her PhD in Law from University of New South Wales (Australia), and her LLM, LLB and BA in Economics (Double Degree) from Peking University (China).

Inhalt
Introduction.- Public Policy in International Arbitration Law.- Overview of China's Practice in Applying Public Policy in Arbitration Law.- Application of Public Policy in China: The Statistical Study.- Substantive Notions, Public Morals and Fundamental Principles in Public Policy.- Procedural Fundamental Principles in Public Policy.- Public Policy in the Form of Public Policy Rules.- Arbitrability and Public Policy.- An Evaluation of the Application of Public Policy in the Chinese Arbitration System.- Conclusion: A Lesson from and for China.