Parsons &amp; Whittemore Overseas Co., Inc. v. Société Générale De L’industrie Du Papier (Rakta). 508 F.2d 969. U.S. Court of Appeals, 2d Cir., Dec. 23, 1974

Evans, Alona E.

doi:10.2307/2200642

Cited by 4 publications

(2 citation statements)

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“…A state is also bound to meet the terms with the treaties it has ratified. In Parsons & Whittemore (Evans 1975), the United States Court of Appeals held that public policy did not equate with "national policy" in the diplomatic or foreign policy sense and enforce an award in favor of the Egyptian party simply because of tensions at that time between the United States and Egypt. Would the outcome in National Oil Corp. v. Libyan Sun Oil Corp (Kuner 1990) be different today?…”

Section: Substantive and Procedural International Public Policymentioning

confidence: 99%

“…The United States applies a restrictive concept of public policy. For example, public policy definition often cited in international arbitration is Judge Joseph Smith's description at Parsons & Whitmore (Evans 1975). He considers the enforcement of a foreign arbitral award might be refuted for policy reasons "only where enforcement would violate the forum state"s most basic notions of morality and justice".…”

Section: The Interpretation Of Public Policy By Diverse Courtsmentioning

confidence: 99%

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Public Policy: An Amorphous Concept in the Enforcement of Arbitral Awards

Akoto

2021

JLIA

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Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.

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Section: Substantive and Procedural International Public Policymentioning

confidence: 99%

Section: The Interpretation Of Public Policy By Diverse Courtsmentioning

confidence: 99%