The Application of the Public Policy Exception in Various Countries - Chapter 5 - The Public Policy Exception under the New York Convention: History, Interpretation and Application - Second Edition

Dr. Anton G. Maurer, LL.M., FCIArb has been actively involved in international arbitration for more than 30 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 or transactions in more than 65 countries and in over 90 jurisdictions. He graduated with a law degree as well as a PhD in public international law from the University of Tübingen, Germany, a Master of Laws in U.S. and Global Business Law from Suffolk University, Boston, MA, and a CIArb Diploma in International Arbitration.

Anton Maurer is an independent arbitrator, and the managing director of Anton Maurer International Legal Services GmbH which is seated in St. Moritz, Switzerland, and Anton Maurer International Legal Services Rechtsanwaltsgesellschaft mbH which is seated in Stuttgart, Germany. He frequently is appointed as an arbitrator.

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Originally from The Public Policy Exception under the New York Convention, Second Edition

PREVIEW

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.

I. Austria

Austria acceded to the Convention on May 02, 1961; the Convention became effective in Austria on July 31, 1961.

A. Law

In Austria, based upon § 86 (1) Execution Ordinance (Exekutionsordnung), the New York Convention is directly applicable.

B. Public Policy: Violation Must Concern Basic Principles of the Austrian Legal System

The Austrian Supreme Court (Oberster Gerichtshof) had to decide upon the applicability of the meaning of the public policy exception under Art. V (2) (b) in a case between a Spanish claimant and an Austrian defendant on April 26, 2006.