Balancing International Law in Domestic Courts: A Study of BRICS Countries

This paper examines the legislative and judicial approaches of BRICS countries (Brazil, Russia, India, China, and South Africa) toward the enforcement of foreign arbitral awards, focusing on the public policy exception. Despite the ratification of the New York Convention by these countries, enforcement remains inconsistent due to divergent interpretations of public policy. This inconsistency poses challenges to international investors seeking reliable dispute resolution mechanisms. The paper highlights the need for a harmonized approach to public policy within the BRICS framework to enhance their attractiveness as investment destinations. By establishing universal principles for public policy and potentially creating an inter-regional arbitration council, BRICS countries can foster a more predictable and investor-friendly environment.