FOREIGN ARBITRAL AWARD UNDER THE CODE OF CIVIL PROCEDURE AND THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS, ADOPTED IN NEW YORK (1958). COMPARATIVE LOOK

Radu-Mihai Necula ()
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Radu-Mihai Necula: Faculty of Law, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2020, vol. 9, issue 2, 219-223

Abstract: The purpose of this study is to establish the categories of arbitral awards that may be classified as foreign by reference to the provisions of the Code of Civil Procedure and the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New York (1958). In carrying out this approach, we had as a starting point certain doctrinal opinions that we tried to analyze critically, in order to capture as clearly as possible the regulatory differences between the provisions of the Code of Civil Procedure and those of the New York Convention, in regarding the qualification of an arbitral award as foreign. Thus, following the analysis of the approached subject, we found that the provisions of the Code of Civil Procedure differ from the provisions of the New York Convention, regarding the qualification of an arbitral award as foreign, the domestic provisions being more favorable than the conventional ones, in terms of in the execution of arbitral awards.

Keywords: foreign arbitral award; Code of Civil Procedure; New York Convention; recognition and enforcement of foreign arbitral awards. (search for similar items in EconPapers)
JEL-codes: K22 K41 (search for similar items in EconPapers)
Date: 2020
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