The role of courts in the procedure for recognizing and enforcing foreign arbitral awards. Comparative look at the Romanian Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The role of courts in the procedure for recognizing and enforcing foreign arbitral awards. Comparative look at the Romanian Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Author(s): Radu-Mihai Necula
Subject(s): International Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: foreign arbitral award; Code of Civil Procedure; New York Convention; recognition and enforcement of foreign arbitral awards;
Summary/Abstract: The purpose of this paper is to identify the main procedural steps that the court must go through in the procedure for the recognition and enforcement of foreign arbitral awards, without seeking a through analysis of all possible procedural incidents that may occur in such cases. procedures. At the same time, in this material we did not intend to analyze the merits of requests for recognition/enforcement of foreign arbitral awards, respectively the validity of these requests in relation to the defenses that may be made by persons against whom the recognition/enforcement of arbitral awards or issues which can be invoked, ex officio, by the court. More precisely, we limited ourselves to identifying and analyzing the attributions of the court, from a procedural perspective, in the situations in which the court is invested with requests having as object the recognition and/or execution of the arbitral awards. Also, the procedural means available to the parties in these proceedings were also addressed in the context of the subject of this paper. Within these limits, we referred to the provisions of the Code of Civil Procedure and the provisions of the New York Convention, as these are the main normative instruments, of particular importance in the analyzed field.

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