The public policy exception to the enforcement of arbitral awards has traditionally been applied very narrowly, for example, where a failure to vacate the award would violate the due process rights of the participants. However a recent case illustrates the contrasting approaches of the Swedish and Russian courts in this regard. In a recently published article I discuss both the Swedish and Russian court rulings and consider the implications for both freedom of contract and arbitration as a method of dispute resolution in each jurisdiction.
At the end of 2013 the Supreme Commercial Court of Russia put an end in a series of similar disputes concerning enforcement of the LCIA awards. The approach of Russiancourts to the enforcement issue looks controversial. The case sagain demonstrated how a broad interpretation of «public policy» may effect arbitration with Russians` parties.