Year:2023   Volume: 5   Issue: 3   Area:

  1. Home
  2. Article List
  3. ID: 490

Safae HADDAJ, Zineb Toum BENCHEKROUN

THE EFFECT TO STIRRING THE PUBLIC ORDER ON THE APPENDIX OF FOREIGN DECISIONS IN THE EXEQUATUR

The concept of public order is ambiguous and difficult to determine its exact scope, and its content varies according to the circumstances of each time and place. Thus, what is considered public order in one country is not considered so in another, this is according to the economic, political and social variants. This system is considered as a restriction to the exequatur of foreign decisions in case they violate the public order prevailing in the country of implementation. In any case, the public order differs its role between internal private relations and international private relations; where based in the first, to ensure that there is no voluntary deviation from the provisions of jus cogens in the judge's country, while in international private relations, it is used to exclude the implementation of decisions issued by various foreign courts before the judge's state. When nationals have recourse to foreign jurisdiction or arbitration outside the country of enforcement, this is due to the presence of a foreign element and the exequatur to the foreign judgment was rejected in the executive form. Hence the importance of public order to consider it as an objective condition for the enforcement of foreign judgments, which is automatically raised by the enforcement judge. Or encourage the parties to defend their interests to the conflict. The purpose of this study is to clarify the ambiguity and limitations of public order, and try to mitigate them, by finding effective ways to preserve the rights of individuals established or have been decided by a foreign decision, by answering the following problem: Is it palatable to find a unified concept of public order regardless of the various texts and references of the issuing country of the decision in relation to the country of implementation of this foreign decision?.

Keywords: Public Order, Foreign Judgments and Contracts, Appendix to Exequatur, Foreign Law, Effect to Stirring, Arbitral Award, Authority of The Judge, Implementation of The Foreign Decision, The New York Conv

http://dx.doi.org/10.47832/2757-5403.20.17


187