IBA Arbitration Committee: Study on Public Policy as a Defence in Recognition and Enforcement of Arbitral Awards

IBA LOGOThe IBA’s Subcommittee on Recognition and Enforcement of Arbitral Awards in 2014/2015 conducted a comparative study that looked at ‘public policy’ as a defence to the recognition and enforcement of arbitral awards under the New York Convention. The country reports that the Subcommittee had solicited from Arbitration Committee members across various jurisdictions have now been published.

Germany is represented by not one, but two (somewhat overlapping) country reports produced by Maxi Scherer on the one hand, and Hildegard Ziemons and Hilmar Raeschke-Kessler on the other hand. The latter two authors are members of the Supreme Court bar. Their report contains a useful table summarizing leading Federal Supreme Court cases. In addition to the Country Reports, the main findings have been summarized in a General Report.

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