Public Policy in Arbitration: Still a Long Way to Go
Contemporary Asia Arbitration Journal, Vol. 9, No. 1, pp. 53-86, May 2016
34 Pages Posted: 9 Jun 2016
Date Written: May 31, 2016
Abstract
The public policy concept that thrived in contract law and domestic arbitration has been applied to international arbitrations. Statutory law in Pakistan does not spell out the notion of “public policy”, which has then been loosely and broadly defined by courts, thereby setting up unobstructed roads to invent the new head of public policy. After exploring the origin and contents of public policy, this article differentiates the matters of public policy concern from those which cannot assume that significance. To accomplish this task, this article also conducts an inquiry into the English and French approaches on public policy.
Keywords: Pakistan, public policy, fraud, misrepresentation, illegality, reasoned award, interest
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