A refusal reason of recognition and enforcement of foreign arbitral awards
نویسندگان
چکیده
منابع مشابه
Reflection on Foreign Arbitratral Award from the Perspective of United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958)
The Convention of Recognition and Enforcement of Foreign Arbitral, New York 1958, is a comprehensive instrument which facilitates the enforcement of decisions of arbitration body. In accordance to Article 1, the convention can be applied on a State other than the State where the recognition and enforcement of such awards are sought, or can be applied to arbitral awards not considered as domesti...
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one of the most controversial issues in international commercial arbitrations in the last two decades is enforcement of arbitral awards which have been annulled in their country/ies of issuance or in broader word in their country/ies of origin. two contradictory opinions on the matter are based on two different approaches on territorial or extraterritorial effect of nullification of arbitral aw...
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the fact that no state may benefit from its wrongful act, be it either commission or omission, is a well established principle of international law which originates from the fundamental principle of good faith. when states conclude a dispute settlement agreement and accept to refer a dispute to an international arbitration or judicial proceedings under bilateral or multilateral treaties, they a...
متن کاملApplication of Compatibility Provision and More Favourable Right Provisions in New York Convention: A Modern View
More favorable law Right Provision and compability provision are contemplated in New York convention. When a country implement New York Convention, the arisen question is that if someone can invoke more favorable provisions of both convention and domestic laws for enforcement and recognition of an arbitral award. To deal with this question conventional award and in particular non-domestic ones ...
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ژورنال
عنوان ژورنال: Zbornik radova Pravnog fakulteta u Splitu
سال: 2019
ISSN: 1847-0459,0584-9063
DOI: 10.31141/zrpfs.2019.56.132.503