Research Information System
Thesis Type: Postgraduate
Institution Of The Thesis: Istanbul Commerce University, Sosyal Bilimler Enstitüsü, Turkey
Approval Date: 2018
Thesis Language: Turkish
Student: OLENA DEMCHENKO
Supervisor: ŞENSÖZ MALKOÇ EBRU
Open Archive Collection: AVESIS Open Access Collection
Abstract:Present thesis paper examines main practical approaches to public policy exception and overriding mandatory rules of law application among arbitration institutions, legislators, and courts enforcing arbitral award worldwide. It reflects modern views and classical case-law examples on local (selected countries’ court decisions and arbitration awards) and international level (European and transnational legislation, decisions and model laws of international arbitrational institutions). Current research examines in details expressions of public policy and overriding mandatory rules of law as a part of public policy: embargo, trade restrictions, sanctions; sources of public policy: of national international, supra-national character and place of European public policy in this system. As the practical approach of arbitration institution is the main focus of this paper, the author, basing on international examples in case-law, explains how certain public policy can influence on arbitration award and its further execution – refusal in the arbitration proceeding, award’s enforcement or setting aside the award. Moreover, present thesis underlines the importance of taking into account public policy and overriding mandatory rules of law by parties and arbitrator in the stage of choice of law and venue of arbitration and offers a possible solution for parties to secure arbitrability and enforcement of the award.