Public Policy and the New York Convention in Practice: Substantial Convergence or Resisting Fragmentation?

This paper draws on the theoretical foundations of public policy to examine how courts have interpreted the safeguard mechanism set out in Art. V(2)(b) of the New York Convention. It explores the enduring tension between the Convention’s pro-enforcement bias and the need to safeguard the integrity of the legal order of the recognition and enforcement forum, with particular attention to the scope and intensity of the scrutiny conducted at the post-award stage. While the analysis reveals a growing convergence around a narrowly defined concept of public policy—one that increasingly reflects an emerging international standard—it also highlights the persistent challenges courts encounter in balancing arbitration’s efficiency with its legitimacy. This contribution underscores the importance of calibrated judicial oversight, advocating for a methodology grounded in a coherent and sound conceptualization of the public policy exception.