Suspendarea judecării recunoaşterii şi executării hotărârilor arbitrale străine, între ambiguitate şi căutarea identităţii
Suspension of the proceedings of the recognition and enforcement of foreign arbitral awards, between ambiguity and search for identity
Author(s): Bogdan MărculeţSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: international arbitration; recognition and enforcement of foreign arbitral awards; suspension; New York Convention; security.
Summary/Abstract: The suspension of the recognition and of the enforcement of arbitral awards is the confluence of two different legal institutions: the facultative suspension of trial and the suspension of forced execution. This confluence determines the legal regime of suspension regulated by art. 1.130 of the Code of Civil Procedure and produces difficulty regarding its framing into an exact or foreseeable pattern in relation to its enforceability conditions. Finding the identity of this suspension represents the first step for determining its usefulness and applicability in the procedure of the recognition and enforcement of foreign arbitral awards in Romania.
Journal: Revista Română de Drept Privat
- Issue Year: 2015
- Issue No: 03
- Page Range: 77-88
- Page Count: 12
- Content File-PDF
