Kazachenok S.Yu. The Contradiction to Public Policy as a Special Category of State Intervention into International Commercial Arbitration
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS), Head of the Branch no.5 of Volgograd Interdistrict Bar Association, Member of Public Chamber of the Volgograd Region, Honored Lawyer of the Russian Federation.
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is devoted to the tangible legal development of the tendency of reducing the role of the state in international commercial arbitrations at the condition of parallel increase of the role of dispute resolution alternative ways as compared with the state proceedings. The evolution of history of international commercial arbitration development in
general and the arbitration agreement in particular under the influence of this trend justifies the intensified research attention to the issue of state intervention into the result of uniting parties will – into the arbitration agreement, which is capable of showing both at the stage of decision execution, and partly on the stage of claim satisfaction and requires the review of the legislative and doctrinal standpoints on the issues of such intervention limits. On the basis of the analysis of competent doctrinal assessments, and also on state courts arbitration practice on assessing the effects of the arbitral tribunal execution of a foreign judgment or award for violation of public policy of the Russian Federation, the author comes to the conclusion that over time the tendency to reject the appeal of the award by the inclusion of exclusion clause into the arbitration agreement should be legalized by all countries wishing to achieve maximum highly efficient results by the participation in international trade turnover.
Key words: international private law, international commercial arbitration, arbitration agreement, limits of government intervention into international commercial arbitration, grounds for refusal of arbitral award, public order, public order clause, contradictions to public policy, restriction of state intervention limits through the exclusion clause challenge.
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