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VOL. 6, ISSUE 6 (2020)
Public policy versus arbitration: Proposing the see-saw theory to achieve harmonization
Authors
Parvathi Pradeep
Abstract
Public policy is an unavoidable factor in any jurisdiction, as it forms the cornerstone of a legal system. At the same time, giving enormous importance to public policy can erode the legal system itself, especially alternative dispute resolution. Hence it can be defined as a “necessary evil” or a “double-ended sword.” The idea of this paper is to introduce a theory which aims at striking a balance or harmonization Between Public policy and the enforcement of foreign arbitration award. The theory is supported by a comparative study, which concludes that advanced countries like USA have been successful in taming this unruly horse.
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Pages:238-240
How to cite this article:
Parvathi Pradeep "Public policy versus arbitration: Proposing the see-saw theory to achieve harmonization". International Journal of Law, Vol 6, Issue 6, 2020, Pages 238-240
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