The Application of the Public Policy Exception in Various Countries - Chapter 5 - Public Policy Exception Under The New York Convention: History, Interpretation, and Application
Dr. Anton G. Maurer, LL.M. has been actively involved in international arbitration for more than 20 years, concentrating on commercial, post M&A, and corporate disputes, and the enforcement of foreign arbitral awards. He is also actively involved in international litigation and has been professionally involved in disputes in more than 55 countries and in over 80 jurisdictions. He graduated with a law degree as well as a PhD in public international law from the University of Tübingen, Germany, and a Master of Laws in U.S. and Global Business Law from Suffolk University, Boston, MA.
Anton Maurer has been a Partner with CMS Hasche Sigle since 1987. He started his career with Sigle Loose Schmidt Diemitz & Partners in Stuttgart, Germany and then worked as a foreign attorney with Johnson & Swanson in Dallas, Texas. He currently serves on the board of directors of the International Association of Defense Counsel; as Chair of the Advisory Board of The Southwestern Institute for International and Comparative Law; and, as a member of the Advisory Board of the Institute for Transnational Arbitration, and the Board of Trustees, all with the Center for American and International Law, Plano, Texas.
How do the states which became a party to the New York Convention apply the public policy exception of Art. V (2) (b)? Of special interest are especially the states which do not observe the narrow interpretation of the public policy exception or which even violate their obligations under the New York Convention. Chapter 5 explains how the public policy exception is applied in a variety of countries which are either economically important or apply the public policy exception unexpectedly broadly. In Chapter 6, the application of the public policy exception in Brazil, Russia, India, and China is explored.