Should the public policy exception be statutorily defined? The example of Indian arbitration law

ISBN-13: 9783631908778 / Angielski

Nihal Bernard Dsouza

Opis

This book deals with the question of whether the scope of the public policy exception as a grounds for refusing enforcement of foreign arbitral awards should be legislatively defined, or rather left to judicial interpretation.

Spis treści

Public policy and its many contours

Use and abuse of the public policy exception under the Indian arbitration law

How the Indian approach to public policy compares with other jurisdictions

The innovative approach of Indian arbitration law in dealing with the public policy

Exception

The defining of public policy - A useful innovation?

Determining the competent authority for deciding on claims where there is a

violation of public policy

O autorze

Nihal Dsouza is enrolled as an advocate in India, he is currently employed as a legal counsel at a international cruise shipping company. In the past he has been active in giving lectures to undergraduate law students at University of Goettingen and University of Bonn. He worked as a Research Fellow (wissenschaftliche Mitarbeiter) at Bonn University for over six years, during which time he researched extensively in the field of international arbitration and had the opportunity to coach the Vis Moot Court Team of Bonn University. Although his doctoral research was primarily at Bonn University, his participation as an external member of the International Max Planck Research School (IMPRS) on Successful Dispute Resolution in International Law helped facilitate his reasearch.