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Introduction - Chapter 1 - The Public Policy Exception under the New York Convention: History, Interpretation and Application - Second Edition

Author(s): 
Anton G. Maurer
Page Count: 
4 pages
Published: 
July, 2022
Jurisdictions: 
International
Practice Areas: 
Commercial Disputes,
Enforcement of Arbitral Awards,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Arbitral Adjudication,
New York Convention
Author Detail: 

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.

He 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

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INTRODUCTION

As healers of human conflicts, the obligation of the legal profession is to provide mechanisms that can produce an acceptable result in the shortest possible time, with the shortest possible expense, and the minimum of stress on the participants. That is what justice is all about. —Warren E. Burger  

Globalization describes an economy where especially public and private companies regularly do cross-border transactions. Business dealings between foreign companies have been commonplace for many years. In an imperfect world, disputes regarding the performance of contractual or legal obligations will occur inevitably;  this is true not only for national transactions, but also for cross-border transactions. National trade, but especially international trade thrives on the rule of law.  Perhaps it is more appropriate to say that international trade thrives on the enforcement of the rule of law if the parties cannot resolve their disputes amicably; without such enforcement parties would be reluctant to enter into cross-border transactions or to make investments abroad. This would have negative consequences for the prosperity of international trade.