Final ILA Report on Public Policy as a Bar to Enforcement of International Arbitral Awards

Abstract

THIS IS the Final Report of the International Law Association Committee on International Commercial Arbitration on the topic of public policy as a ground for refusing recognition1 and enforcement of international arbitral awards. The Committee has agreed upon a number of Recommendations as to the application of public policy by State courts.2 This Final Report sets out the Recommendations and provides a brief commentary on each. This Report should be read together with the Committee's Interim Report presented at the London Conference in June 2000 (‘Interim Report’).3 The Recommendations are the culmination of a six year study of public policy by the Committee, starting after the Helsinki Conference in 1996.4 The Recommendations themselves have been discussed and agreed by the Committee at meetings in London (June 2000), Amsterdam (September 2000), Paris (January 2002) and at the Conference Working Session in New Delhi (April 2002). A number of Committee members have made written comments.

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