This article examines the tension between the principle of non-review of the merits of arbitral awards and the necessity of safeguarding public policy in the context of recognising and enforcing foreign punitive damages awards. Against the backdrop of China’s new Arbitration Law, which codifies the reciprocity principle in enforcement, the author explores how this statutory development may shape future pro-enforcement approaches, influence the exercise of judicial discretion in cases involving public policy and thereby enhance China’s appeal as a preferred seat for international commercial arbitration.
Asian Dispute Review