Setting aside or non-enforcement of arbitral awards in international arbitration on the public policy ground – a regional perspective 1

An award in international commercial arbitration (ICA) is only liable to be set aside, or refused recognition or enforcement, on the grounds contained in Articles V(1)(a)–(e) and V(2)(a) and (b) of the New York Convention (NYC) and Articles 34 and 36 of the United Nations Commission on International Trade Law Model Law (UNCITRAL Model Law) on ICA, respectively. ² These grounds are concerned with the structural integrity of the arbitration proceedings ³ and not the merits of an arbitral award. ⁴ One of the grounds upon which a court may set aside or refuse enforcement of an arbitral award is if it finds that the award is in conflict with the public policy of that State. ⁵