Nihal Bernard Dsouza

Should the public policy exception be statutorily defined? The example of Indian arbitration law : 6761 Nihal Bernard Dsouza New ed edition

The public policy exception has often been relied on by national courts in India and other jurisdictions as a grounds for refusing enforcement of foreign arbitral awards. In this context the exception has been given varying interpretations. This book deals with the question of whether the scope of the public policy exception as a grounds for refusing enforcement should be legislatively defined, or rather left to judicial interpretation.

It does this by using recent amendments to the Indian arbitration law as an example, and conducting comparative law research with approaches taken in both major common and civil law jurisdictions. It then evaluates the benefits - disadvantages- and the rationale for having such a definition. It finally evaluates what should be the ideal statutory scope of the exception.