Public Order in International Commercial Arbitration: Azerbaijani Perspective

1 Baku St. U. L.Rev. 84 (2015)
Article language: Azerbaijani.

As arbitration is a private method of adjudication, arbitral awards are not always in compliance with the laws and legitimate interests of relevant states. In order to avoid such problems conventions, national laws and model laws stipulate public policy rule. Arbitral awards are required to be in compliance with the public policies of states of lex arbitri or host states. However, unlike most other countries the legislation of Azerbaijan Republic does not stipulate the public policy rule. Instead in Azerbaijan Republic arbitral awards are required to be in accordance with the Constitution of Azerbaijan Republic. The article discusses the risks such a state of legislation may pose on the sovereignty and welfare of the country and analyzes laws and court decisions of other countries, and opinions of scholars and international organizations, on interpretation of the public policy rule.


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