Advantages And Disadvantages Of Public Policy
opposed to the domestic public policy. When we apply the doctrine of public policy in a matter that is governed by domestic law, it is different from a matter that involves conflict of laws or private international law. The application of the doctrine of public policy in the field of private international law is much more limited compared to its application in domestic law. Wherever there is a foreign element involved, the courts are generally very slow in in invoking the public policy ground although the concept of public policy is the same in both the spheres. Professor Graveson says that its application differs in the degree and occasion corresponding to the fact that transactions containing a foreign element may constitute a less serious threat to the municipal institutions than would purely local transactions. …show more content…
The Bombay High Court listed out 3 tests which were called as a triple test after referring to the Supreme Court Judgments on ONGC , Renu Sagar and Shri Lal Mahal Limited . The first one was some fundamental policy of the Indian law; second one was the interest of India; third one was justice and morality. Only if the enforcement of the award goes against or is contrary to either of these three, could a foreign award be denied enforcement on Grounds of public policy. Applying these 3 tests to the award in hand, it does not go against any of these three. The only difference is with the law of limitation. The public policy defence raised by Raj TV has been
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A Strong Central Government Pros And Cons Essay
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Pros And Cons Of Dual Federalism
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Pepsico Political Factors
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Advantages And Disadvantages Of Government Intervention
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Essay On Monism Vs Dualism
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