Public Policy as a Defining Force: Examining its Role as a Ground for Nullification of Awards in Arbitration

Abstract

Public policy stands as a cornerstone of legal systems worldwide, embodying fundamental societal values and principles. In the realm of arbitration, the concept of public policy serves as a defining force, shaping the boundaries within which arbitral awards are recognized and enforced. This research delves into the intricate interplay between public policy and arbitration, with a specific focus on its role as a ground for nullification of awards. Through an extensive examination of case law, scholarly literature, and international conventions, this study scrutinizes the application and interpretation of public policy principles in arbitration proceedings. Furthermore, it explores the nuances and complexities surrounding the invocation of public policy as a basis for challenging arbitral awards, considering its implications for the integrity and efficacy of the arbitral process. By shedding light on this critical aspect of arbitration law, this research aims to provide valuable insights for practitioners, academics, and policymakers navigating the interface between public policy and arbitration in contemporary legal landscapes.