Translation of arbitral awards in the procedure for the recognition and enforcement of foreign arbitral awards. Conditions and assumptions
Translation of arbitral awards in the procedure for the recognition and enforcement of foreign arbitral awards. Conditions and assumptions

Author(s): Crenguţa Leaua, Radu-Mihai Necula
Subject(s): Law, Constitution, Jurisprudence, Translation Studies, Commercial Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: foreign arbitration award; translation of foreign arbitration award; New York Convention; Code of Civil Procedure;
Summary/Abstract: The purpose of the article is to examine the manner in which the regulation of the applicant's ability to submit a certified translation for compliance with a foreign arbitral award responds to the legislative desire to facilitate the recognition and enforcement of foreign arbitral awards in Romania. It is approached the hypothesis in which the defendant disputes the accuracy of the translation or the court ex officio considers that the translation submitted to the case file presents certain ambiguities. In this case, the question arises as to whether it is necessary to file a translation by a certified translator in the case file or whether it is sufficient in that case to submit a translation by a party. The article also examines whether or not the provisions of the Code of Civil Procedure are more favorable or unfavorable than the provisions of the New York Convention (1958) with regard to the translation of foreign arbitration awards.

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