Behind The Facade: Recognition And Annulment Of Corrupt Arbitral Awards Through The Public Policy Filter Of The New York Convention
- IJLLR Journal
- May 22
- 1 min read
Nalini Mathur and Anant Chhabra, BBA LLB (Hons.), Symbiosis Law School, Pune
ABSTRACT
The paper provides a critical analysis of the position of corruption within the context of the 'public policy' exception under Art. V(2)(b) of the New York Convention. The objective is to analyze the efficacy and challenges of this mechanism and propose suggestions for its enhancement. The research investigation utilizes a secondary and doctrinal methodology, relying on reports, surveys, decisions of courts, and expert commentary within the realm of international arbitration. The subjective nature of the public policy exception, the delineation of corruption, the burden of proof, the function of national courts, biases of arbitrators, and challenges in enforcement represent significant themes explored. Suggestions encapsulate the explicit inclusion of corruption as an exception within the Convention, consideration of transnational public policy, improving thetransparency and reporting mechanisms, harmonization of judicial interpretations, and a fair distribution of the burden of proof in cases related to corruption annulment.
Keywords: Annulment, Arbitration, Awards, Corruption, Enforcement, New York Convention, Public Policy, Recognition, Tribunals.
