Enforcement of Foreign Annulled Arbitral Awards
| Název česky | Výkon zrušeného rozhodčího nálezu |
|---|---|
| Autoři | |
| Rok publikování | 2015 |
| Druh | Článek ve sborníku |
| Konference | Cofola International 2015 : Current Challenges to Resolution of International (Crossborder) Disputes : Conference Proceedings |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access konference |
| Klíčová slova | Arbitration; Foreign Arbitral Awards; Annulled Arbitral Awards; Enforcement |
| Popis | This paper focuses on the topic of recognition and enforcement of foreign arbitral awards which have been annulled in the country of their origin. The questions arising from this issue will be answered in the light of New York Convention and by the perspective of the Czech legal regulation. Firstly, it will briefly introduce two leading theories of arbitration since their proper understanding is necessary to follow later text. Secondly, it will examine content of Art. V New York Convention, namely the provision of Art. V(1) (e) which covers the problem of foreign annulled arbitral award. Then it will explain the effect of Art. VII New York Convention and at the same time it will show the relation between the New York Convention and national law. And finally, the paper analyzes current national law in the Czech Republic and its regulation of enforcement of foreign arbitral award that has been annulled. The paper concludes that though the New York Convention recognizes annulment of an award as one of the ground for refusal of enforcement, awards annulled in the country of their origin (primary jurisdiction) can be nevertheless enforced. When it comes to the Czech Republic, the national law comes from traditional theory and foreign annulled award cannot be enforced. |
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