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- Title
RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS ANULLED IN THE COUNTRY OF ORIGIN.
- Authors
ADEMI, Arbr
- Abstract
The State court's decision to set aside an arbitral award produces certain legal effects, including here, primarily, the ability of the court to refuse a recognition and enforcement of an arbitral award, if it finds that it is already annulled in the country of origin. However, the international commercial arbitration practice tells us that this rule or principle, which supported the right of international commercial arbitration, does not find an absolute support. The purpose of this paper is to present completely, in which cases or situations can come to the recognition and enforcement of arbitral awards that are annulled in the country of origin. During this, the paper presents analysis of solutions that make up the legal framework applicable in this matter, representing also the various theoretical positions. Also, there are cases of international commercial arbitration practice, proving that the annulment of the arbitral award in the country of origin may not have an impact on the recognition and enforcement stage. The paper concludes by arguing that there are possibilities of "survival" of the annulled arbitral award outside the state of origin.
- Subjects
ARBITRATION &; award; COUNTRY of origin (Commerce); INTERNATIONAL trade
- Publication
Vizione, 2016, Vol 25, p147
- ISSN
1409-8962
- Publication type
Article