The public policy exception to the enforcement of arbitral awards: A Comparative study of U.S. and Turkish law and practice
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- Tez No: 718617
- Danışmanlar: PROF. RİCHARD C. SCHNEİDER
- Tez Türü: Doktora
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2020
- Dil: İngilizce
- Üniversite: University of North Carolina at Chapel Hill
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 283
Özet
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Özet (Çeviri)
The doctoral dissertation titled,“The Public Policy Exception to the Enforcement of Arbitral Awards: A Comparative Study of U.S. and Turkish Law and Practice”is focused on the public policy exception as applied in the United States and Turkey under the New York Convention on Arbitral Awards. In addition, this dissertation aims to identify the reasons behind the approach toward international arbitration in each jurisdiction and the role that public policy plays in this regard. The dissertation is divided into five chapters. The first chapter is designed as an introduction to arbitration and lays out the goal of the dissertation. The second chapter offers an overview of the historical background of arbitration laws and practice in both the United States and in Turkey, alongside the essential aspects of the enforcement of arbitral awards in each case. In so doing, it seeks to detail the social and political context in which arbitration has developed in each jurisdiction. The third chapter explores the concept of the public policy exception to the enforcement of arbitral awards under the New York Convention and lays the foundation for the analysis presented in subsequent chapters. The focus of chapter four is an examination of public policy as an exception and as a mindest in the United States. This chapter not only examines public policy in the context of international arbitration under the New York Convention as applied in the United States but also investigates the relationship between statutory and common law to the extent it pertains to public policy. Chapter five, in turn, discusses the public policy exception as legislated and applied in Turkey in light of U.S. practice. The dissertation ends with a review of the key findings and analysis and provides some suggestions that can act as focal points for reform and further research.
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