| Popis: |
Regime for the recognition and enforcement of arbitral awards under the New York Convention Abstract The aim of this thesis is to introduce the issue of Article III of the New York Convention and its reception into the Czech legal system, including the stance of the Czech courts on this issue. This particular Article enables Contracting States to establish their own procedural rules stricto sensu regarding the recognition and enforcement of foreign arbitral awards to which the New York Convention applies. However, these rules shall be in compliance with the conditions laid down in the Convention, such as, in particular, the prohibition to impose substantially more onerous conditions or higher fees or charges than those imposed on domestic arbitral awards. Therefore, on the one hand, the Contracting State is given the right to define its own regime for the proceedings of the recognition and enforcement of foreign arbitral awards, but on the other hand, there are also substantial limitations, given that the rules shall not conflict with the New York Convention's provisions. The essence of this work is to evaluate the position of foreign arbitral awards, compared with the domestic one in terms of the recognition and enforcement in the Czech Republic. Regarding the structure of the thesis, the purpose of the... |
