preview

Violation Of Procedural Public Policy

Decent Essays
For instance, a violation of arbitral tribunals and arbitrators’ impartiality’s requirement and obligation as well as the impartiality itself are commonly understood and litigated as a violation of procedural public policy. Connection with the arbitral proceedings to some extent clarifies that the concept of procedural public policy derives from one of the fundamental arbitral principles - due process. Nevertheless, it is argued that the concept of procedural public policy somewhat overlaps with Article V (1) (b) of the New York Convention, thus, the discussions on the question whether procedural public policy deals with something more than a breach of due process is present. In the authors point of view it would be illogical to restrict the
Get Access