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- Title
Limits of Interference into Activity of the ICAC.
- Authors
Kot, O.
- Abstract
In the article issues of interference of state courts in the activity of the ICAC are studied. The author expresses the idea that provisions of the Law of Ukraine «On International Commercial Arbitration» are stated in a rather abstract way, that enables subjective interpretation of grounds for abolition of arbitral award or for decision on refusal of recognition and enforcement of the arbitral award. Consequently, it makes limits of interference of courts into the activity of arbitration dependent on discretion of the courts. The author expresses the view that the ICAC can and shall interpret both provisions of a contract and norms of material law regulating it. Higher courts should make relevant generalization and interpretation. With the view to minimize interference of courts into activity of the ICAC the number of authorities examining cases on abolition and execution of arbitral award should be reviewed.
- Subjects
UKRAINE; INTERNATIONAL commercial arbitration -- Procedure; JURISDICTION (Administrative law); ARBITRATION &; award; PUBLIC policy (Law); COMMERCIAL arbitration agreements
- Publication
Law of Ukraine / Pravo Ukrainy, 2014, Issue 12, p55
- ISSN
2227-295X
- Publication type
Article