СЪОБРАЖЕНИЕТО ЗА ПРОТИВОРЕЧИЕ С ОБЩЕСТВЕНИЯ РЕД НА АРБИТРАЖНОТО РЕШЕНИЕ
PUBLIC POLICY DEFENCE REGARDING ARBITRAL AWARD

Summary/Abstract: The CJEU's case law, even under the Brussels Convention, interprets the public policy defense as a restrictive remedial mechanism for applying foreign law and recognizing and enforcing foreign judicial and arbitral acts. Public policy was also provided for as a ground for setting aside arbitral awards rendered in domestic arbitration cases in the UNCITRAL Model Law, as well as prior to the legislative changes in 2017 in the provisions of the International Commercial Arbitration Act. This article focuses on the public policy defense in relation to the grounds for setting aside arbitral awards, as well as with regard to the grounds for refusal of exequatur of foreign arbitral awards. The author's aim is to analyze the legal framework and the existing case law of the Bulgarian courts, the CJEU and foreign case law on the application of the New York Convention, as well as the amendments to the International Commercial Arbitration Act since its adoption.

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