The Public Policy as Ground for Exception in Enforcing Foreign Commercial Arbitral Awards: A comparative Analysis in context of Pakistan and the UK

Abstract

This analysis discusses whether the involvement of public policy in the execution of foreign commercial arbitral awards should serve as a ground for exception (Pakistan and UK) under the New York Convention (NYC) and UNCITRAL Model Law (UML). Judicial practices have been attacked in scholarly work for reading narrowly the public policy exception to make it consistent with the shifting expectations of an increasingly international trade economy. This paper addresses challenges of enforcement, particularly in a globalized context through the methodological perspective of doctrinal legal research. Instead, our results indicate the importance of nuance and more informed public policy in enforcing arbitration agreements as the dispute resolution mechanism of choice for modern-day commerce.