Public Policy In The Judicial Recognition And Enforcement Of International Commercial Arbitration Awards

In recent years,with new initiatives of opening-up being proposed,international economic communication and cooperation have been increasingly close.Especially under "the one belt and one road" development strategy background,there is a growing number of Chinese enterprises choosing to go abroad,meantime more foreign companies come to China.One the one hand,it drives a surge in economic growth,while on the other hand,the disputes and conflicts between the parties have been inevitable increased.When choosing disputes resolution,arbitration with its unique dispute settlement mechanism has been the first choice for parties concerned.In judicial practices,courts have right to refuse to recognize and enforce an arbitral award due to it violates national public policy.Moreover,the 1958 New York Convention,1985 UNCITRAL Model Law on International Commercial Arbitration and most countries have taken public policy as the bottom line of cross-border recognition and enforcement of arbitral awards.Nevertheless,there is no clear and unified applicable standard of public policy,which makes it most controversial justification.Scholars and judges have different theories of public policy.It is considered that the current international trend is a narrow interpretation and prudent application of public policy,and the recognition and enforcement of international commercial arbitration awards can be rejected only if it violates international public policy.It is pointed out that our country should start with the legislative and judicial aspects and refer to the international advanced practices to improve the application of public policy in our judicial practice.Therefore,this thesis mainly discussed it from the judicial and academic reviews,and analyzed the application of public policy,then put forward some advice for its future perfection.