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The public policy exception to the enforcement of foreign arbitral awards under the New York convention
Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency,...
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| Format: | Thesis |
| Language: | English English |
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School For Advanced Legal Studies
2025
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| _version_ | 1867614272632127488 |
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| access_status_str | Open Access |
| author | Chibwe-Kombe, Mwila |
| author2 | Christie, Richard |
| author_browse | Chibwe-Kombe, Mwila Christie, Richard |
| author_facet | Christie, Richard Chibwe-Kombe, Mwila |
| author_sort | Chibwe-Kombe, Mwila |
| collection | Thesis |
| description | Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, avoidance of local courts and finality. 1 However, arbitration is not without limitations and therefore the avoidance of local courts is not absolute. Any successful party in an international commercial arbitration expects the award to be performed without delay and therefore winning the arbitration is half the battle. 2 This is particularly true where the award is ~ot voluntarily carried out and the assets of the losing party are not at the seat of arbitration. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42039 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:49:24.762Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | School For Advanced Legal Studies |
| publisherStr | School For Advanced Legal Studies |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42039 The public policy exception to the enforcement of foreign arbitral awards under the New York convention Chibwe-Kombe, Mwila Christie, Richard Public policy Foreign arbitral awards New York Commercial arbitration is one of the most commonly used methods of resolving disputes in the international business arena. The attributes of arbitration that provide an impetus for growth are multivariate. This includes party autonomy, speed, economy, the pool of available arbitrators, consistency, avoidance of local courts and finality. 1 However, arbitration is not without limitations and therefore the avoidance of local courts is not absolute. Any successful party in an international commercial arbitration expects the award to be performed without delay and therefore winning the arbitration is half the battle. 2 This is particularly true where the award is ~ot voluntarily carried out and the assets of the losing party are not at the seat of arbitration. 2025-10-27T08:24:53Z 2025-10-27T08:24:53Z 2008 2025-10-27T08:22:07Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/42039 en eng application/pdf School For Advanced Legal Studies Faculty of Law University of Cape Town |
| spellingShingle | Public policy Foreign arbitral awards New York Chibwe-Kombe, Mwila The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| thesis_degree_str | Master's |
| title | The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| title_full | The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| title_fullStr | The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| title_full_unstemmed | The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| title_short | The public policy exception to the enforcement of foreign arbitral awards under the New York convention |
| title_sort | public policy exception to the enforcement of foreign arbitral awards under the new york convention |
| topic | Public policy Foreign arbitral awards New York |
| url | http://hdl.handle.net/11427/42039 |
| work_keys_str_mv | AT chibwekombemwila thepublicpolicyexceptiontotheenforcementofforeignarbitralawardsunderthenewyorkconvention AT chibwekombemwila publicpolicyexceptiontotheenforcementofforeignarbitralawardsunderthenewyorkconvention |