2 Disp. Resol. Int'l 123 (2008)
Public Policy as a Limit to Arbitration and Its Enforcement

handle is hein.journals/disreint2 and id is 125 raw text is: Public Policy as a Limit to
Arbitration and its Enforcement
Karl-Heinz B6ckstiegel*
Introductory note
As is obvious from the programme of our conference today, the space
available to each speaker is extremely limited. In due respect to my colleagues
on the panel, I intend to comply with this limitation. However, therefrom,
it is also clear that all I can do is to contribute to the overview regarding the
most common grounds for refusing enforcement of arbitral awards under
the New York Convention by a very short and necessarily eclectic approach. I
will do that in this context by concentrating on the ground of public policy.
But even in concentrating on public policy I will have to limit my presentation
considerably, because this concept and its relevant applications could easily
fill a full day conference by itself. Some older colleagues in the audience may
perhaps still remember that, at the 1986 ICCA Congress in New York, my report
dealing only with the relevance of public policy for arbitrability took a much
longer time and many pages in the later publication.
The concepts of public policy
Since that time, the topic of public policy has by no means become easier
and clearer. Quite to the contrary, to avoid misunderstanding, one has to
realise that a number of different concepts of public policy have developed
both under the New York Convention and otherwise.
The scope of public policy in the context of international arbitration goes
wider than that of the New York Convention, where it may be a defence against
enforcement once the arbitral award is rendered and thus the issue appears

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