PROCEDURA RECUNOAŞTERII ŞI EXECUTĂRII HOTĂRÂRILOR ARBITRALE STRĂINE
PROCEDURA RECUNOAŞTERII ŞI EXECUTĂRII HOTĂRÂRILOR ARBITRALE STRĂINE
Author(s): Gabriel MihaiSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: procedure; recognition of foreign arbitral awards; enforceable power; contentious procedure; exequatur; regularity conditions
Summary/Abstract: In this article, the author examines the procedure of recognition and enforcement of foreign arbitral awards. The structure and the content of the study reveal the comments on the concept of recognition, which includes in its scope, any effects of a court order or arbitral award except the enforceable power. As regards its legal nature, the recognition of foreign arbitral awards represents a contentious procedure whose primary purpose is to verify the fulfilment of the regularity conditions of these awards. Finally, the author formulates brief considerations regarding the fact that a foreign court order generally acquires binding effect, just as an own decision of the State within which territory the enforcement is required, according to the procedure referred to as exequatur which involves the examination of international regularity of foreign resolutions for the purpose of their recognition and enforcement, considering, for the purpose of the above, the doctrine developed by famous names in the matter of law (Marin Voicu, Daniel Matei, Ion Deleanu, Sergiu Deleanu, Dumitru Mazilu).
Journal: Universul Juridic
- Issue Year: 2016
- Issue No: 04
- Page Range: 043-050
- Page Count: 8
- Language: Romanian