{"title":"仲裁裁决在原籍国的承认与执行","authors":"Petr Dobiáš","doi":"10.2139/ssrn.3408735","DOIUrl":null,"url":null,"abstract":"In the legal theory and practice disputes are arising related to Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ratified in New York in 1958. Foreign arbitral award annulled in the country of origin may be enforced in the Czech Republic in exceptional cases on the basis of a decision of a Czech court of general jurisdiction. Such a case could typically be the enforcement of an arbitral award in accordance with Article V of the New York Convention, which was annulled in the country of origin for being contrary to public policy but is not contrary to public policy in terms of Czech law.","PeriodicalId":330395,"journal":{"name":"Fordham Law School Legal Studies Research Paper Series","volume":"36 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"The Recognition and Enforcement of Arbitral Awards Set Aside in the Country of Origin\",\"authors\":\"Petr Dobiáš\",\"doi\":\"10.2139/ssrn.3408735\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the legal theory and practice disputes are arising related to Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ratified in New York in 1958. Foreign arbitral award annulled in the country of origin may be enforced in the Czech Republic in exceptional cases on the basis of a decision of a Czech court of general jurisdiction. Such a case could typically be the enforcement of an arbitral award in accordance with Article V of the New York Convention, which was annulled in the country of origin for being contrary to public policy but is not contrary to public policy in terms of Czech law.\",\"PeriodicalId\":330395,\"journal\":{\"name\":\"Fordham Law School Legal Studies Research Paper Series\",\"volume\":\"36 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-06-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Fordham Law School Legal Studies Research Paper Series\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3408735\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Fordham Law School Legal Studies Research Paper Series","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3408735","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Recognition and Enforcement of Arbitral Awards Set Aside in the Country of Origin
In the legal theory and practice disputes are arising related to Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ratified in New York in 1958. Foreign arbitral award annulled in the country of origin may be enforced in the Czech Republic in exceptional cases on the basis of a decision of a Czech court of general jurisdiction. Such a case could typically be the enforcement of an arbitral award in accordance with Article V of the New York Convention, which was annulled in the country of origin for being contrary to public policy but is not contrary to public policy in terms of Czech law.
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