SOME ISSUES OF RECOGNITION AND ENFORCEMENT OF DECISIONS OF ARBITRATION IN UKRAINE ON THE GROUNDS OF THE INFRINGEMENT OF PUBLIC POLICY

The article is dedicated to the examination of such a ground for refusal of recognition and enforcement of decisions of international commercial arbitration in Ukraine as the infringement of public policy. The author describes some approaches to the definition of the content of the term «public policy» basing on the examination of court practice from 2018 to 2020 and doctrinal sources. Particular attention is focused on the determination of the criteria which may be used for identification of the areas of social relations which form public policy. The author also pays attention to some criteria, whose usage may be helpful and effective in determining whether or not the infringement of public policy exists on conditions that a decision of international commercial arbitration is enforced. The author analyses some court decisions in order to inquire the position of national courts when deciding on giving a permission or refusing to recognize and enforce a decision of international commercial arbitration if a disputing party as a ground for refusal indicates the infringement of public policy.