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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

Author

Listed:
  • Radu-Mihai Necula

    (Faculty of Law, Bucharest University of Economic Studies, Romania)

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.

Suggested Citation

  • Radu-Mihai Necula, 2020. "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," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(2), pages 219-223, December.
    • Handle: RePEc:sja:journl:v:9:y:2020:i:2:p:219-223
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    References listed on IDEAS

    as
    1. Cristina-Elena Popa Tache, 2020. "Introduction to International Investment Law," Books, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), edition 1, number 13.
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    More about this item

    Keywords

    foreign arbitral award; Code of Civil Procedure; New York Convention; recognition and enforcement of foreign arbitral awards.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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