9 The Enforcement of Arbitral Awards

The Law ◽

The Way

This concluding chapter explores the enforcement of arbitral awards. There are two primary laws relevant to the recognition and enforcement of arbitral awards of international commercial arbitration in Russia: the Law on International Commercial Arbitration of 1993 and the Code of Commercial Court Procedure of 2002. The former has the basic provision on the recognition and enforcement of awards and the grounds for refusal, while the latter provides for the procedural aspects of recognition and enforcement of arbitral awards. It is an established principle of international commercial arbitration that in deciding whether enforcement of awards is allowed or not, courts are not entitled to review the case on its merits. However, Russian judges are not always aware of this fundamental rule, or do not comply with it. The chapter then looks at the grounds for the refusal of recognition and enforcement of arbitral awards and the way Russian courts interpret these grounds. Particularly important is the understanding of public order by Russian courts. Finally, the practice of ‘Russian Torpedo’ is discussed.

The Influence of the Law of the Country of the Place of Enforcement of the Arbitral Award on the Settlement of Disputes in the International Commercial Arbitration

University Scientific Notes ◽

10.37491/unz.73.8 ◽

2020 ◽

pp. 86-97

Author(s):

Volodymyr NAHNYBIDA

Keyword(s):

Public Policy ◽

New York ◽

Commercial Arbitration ◽

Arbitral Award ◽

Opposing Party ◽

The Law ◽

New York Convention ◽

The Impact

The article examines the key aspects of the impact of the law of the place of enforcement of the arbitral award on arbitration and directly on the recognition and enforcement of arbitral awards, given the study of doctrinal positions, regulations and relevant case law. It was found out that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 refers to the procedural rules of the country of enforcement to settle matters inherent to the recognition and enforcement of foreign arbitral awards not governed by the Convention, establishing only basic and fairly simple formal requirements for the said procedure, which is one of the strong characteristics of the conventional regime of recognition and enforcement of arbitral awards. In light of this, it is concluded that such an approach is moderate and takes into account the impossibility and lack of practical necessity of unification at the international treaty level of procedural features of recognition and enforcement of arbitral awards, establishing only basic principles and requirements. It is substantiated that there are two components of the law of the place of enforcement of the arbitral award, which regulate the recognition and enforcement of arbitral awards within the relevant jurisdiction, namely substantive and procedural, which, however, are contained in single legal acts — mostly national arbitration laws. The author emphasizes the crucial role of the law of the place of enforcement of the arbitral award in the material and procedural aspects for the procedure of recognition and enforcement of arbitral awards within the relevant jurisdiction. It is concluded that the unification of material grounds for refusal of recognition and enforcement (in particular, non-arbitrability of the subject matter of the dispute and contradiction of the award to public policy as grounds that can be raised by the competent judicial authority at the place of enforcement ex officio, regardless of reference to them by opposing party), as well as the consolidation of basic procedural requirements and principles is carried out by the New York Convention of 1958, which leaves to the discretion of the national legislature, on the one hand, the settlement of minor aspects of the procedure, but, on the other hand, recognizes its full discretion in determining the limits of objective arbitrability, the content and specific filling of the category of international public policy applicable in the relevant jurisdiction. Keywords: arbitral award, international commercial arbitration, applicable law, arbitration process, public policy.

5 Impartiality and Independence of Arbitrators and Arbitral Institutions

Russian Arbitration Law and Practice ◽

10.1093/law/9780198712442.003.0005 ◽

2020 ◽

Author(s):

Oda Hiroshi

Keyword(s):

Potential Candidate ◽

Commercial Arbitration ◽

The Core ◽

International Court ◽

Objective State ◽

The Law

This chapter assesses the concept of impartiality and independence. The Law on International Commercial Arbitration provides that the potential candidate for the appointment of an arbitrator must disclose any circumstances that may cause a well-grounded doubt regarding his impartiality or independence in writing. In cases where the competent court, appoints an arbitrator, in the absence of the agreement between the parties, the court must ensure that an independent and impartial arbitrator is appointed. Independence and impartiality in Russia are not issues limited to arbitrators. The core of the issue is the independence and impartiality of arbitral institutions.Independence is understood to be an objective state of an arbitrator in the absence of any relationship with a person or circumstances which affect the arbitrator’s decision. Impartiality means that the arbitrator is not, directly or indirectly, interested in the outcome of the case and does not have preference or other prejudice in relation to a party, his representative, expert, or witness. Russian courts have ruled on the impartiality and independence of arbitrators as well as arbitral institutions in an inconsistent manner. In 2010, the International Court of Commercial Arbitration (MKAS) adopted a document entitled Rules on Impartiality and Independence of Arbitrators. Apart from being a guidance for arbitrators and the parties, this document is expected to give guidance to the courts when facing an application for setting aside an award and the refusal of recognition and enforcement of awards of international commercial arbitration on the grounds of the absence of impartiality and independence.

International commercial arbitration in Uzbekistan: current state and development prospects

International Journal on Integrated Education ◽

10.31149/ijie.v3i12.911 ◽

2020 ◽

Vol 3 (12) ◽

pp. 47-49

Author(s):

Ziyoda Boratova

Keyword(s):

Commercial Arbitration ◽

Legal Proceedings ◽

Current State ◽

History Of ◽

The Law ◽

The Republic ◽

Development Prospects ◽

Commercial Disputes

This article is devoted to a number of issues relating to the functioning of international commercial arbitration as a non-State mechanism for the settlement of international commercial disputes in the Republic of Uzbekistan. In article also found a brief introduction on the history of arbitration in Uzbekistan since its independence. Special attention is paid to the rules introduced since the entry into force of the Law of the Republic of Uzbekistan “On international commercial arbitration”. Moreover, the author highlights some problematic issues and inconsistencies that exist in the legislation on legal proceedings in arbitration courts. The author also addresses several issues regarding the recognition and enforcement of arbitral awards.

Violation of public order as a ground for refusing to recognize and enforce the decision of the international commercial arbitration

Ukrainian Journal of International Law ◽

10.36952/uail.2020.3.86-92 ◽

2020 ◽

Vol 3 ◽

pp. 86-92

Author(s):

Oleksandr Seryogin

Keyword(s):

The State ◽

Public Order ◽

Commercial Arbitration ◽

The Public ◽

National Bank ◽

Arbitration Award

The author of the article summarizes at the doctrinal level the following issues regarding the recognition and enforcement of decisions of international commercial arbitration. In particular: (1) whether Ukraine’s public order will be violated by the recognition and enforcement of an international commercial arbitration award, imposed on the National Bank of Ukraine, which was not a party to the proceedings, as the State of Ukraine is represented by the Ministry of Justice of Ukraine; (2) whether the public order of Ukraine will be violated if the Budget of Ukraine incurring significant losses in connection with the recognition and enforcement of the decision of the international commercial arbitration; (3) under what conditions the recognition and enforcement of the decision of the international commercial arbitration should be considered as violating the public order of Ukraine.

Violation of Public Policy as a Ground for Refusal in Recognition and Enforcement of International Commercial Arbitration Awards

Herald of Civil Procedure ◽

10.24031/2226-0781-2017-7-5-45-68 ◽

2017 ◽

Vol 7 (5) ◽

pp. 45-68

Author(s):

A.V. Gabov ◽

◽

N.I. Gaidaenko Sher ◽

E.S. Ganicheva ◽

V.M. Zhuikov ◽

...

Keyword(s):

Public Policy ◽

Commercial Arbitration ◽

Recognition And Enforcement

Problems of recognition and enforcement of international commercial arbitration decisions

Current problems of jurisprudence ◽

10.29039/02058-6/182-186 ◽

2021 ◽

Author(s):

Rafael' Komilzhonov ◽

Yuliya Ivanova

Keyword(s):

Russian Federation ◽

Commercial Arbitration ◽

The Russian Federation ◽

Arbitration Award

The article analyzes the problematic aspects of recognition and enforcement of international commercial arbitration decisions on the territory of the Russian Federation. It is noted the complexity and lack of procedural guarantees for the parties to the dispute to implement the arbitration award. It is concluded that it is necessary to remove obstacles to the rapid and effective execution of commercial arbitration decisions.

The present state of the Law Regarding International Commercial Arbitration

The Present State of International Law and Other Essays ◽

10.1007/978-94-017-4497-3_17 ◽

1973 ◽

pp. 307-330

Author(s):

Martin Domke ◽

Ottoarndt Glossner

Keyword(s):

Present State ◽

Commercial Arbitration ◽

The Law

2 The 2015 Reform of Arbitration

Russian Arbitration Law and Practice ◽

10.1093/law/9780198712442.003.0002 ◽

2020 ◽

Author(s):

Oda Hiroshi

Keyword(s):

Russian Federation ◽

International Arbitration ◽

Commercial Arbitration ◽

The Russian Federation ◽

Institutional Aspects ◽

The Law

This chapter discusses the 2015 Arbitral Reform. The arbitral reform, which started in 2011, culminated in two sets of laws adopted by Parliament and signed by the president on 25 December 2015. The package comprised the Law on Arbitration of the Russian Federation and the Law on the amendments to the Laws in relation to the adoption of the above law. The latter included amendments to the Law on Commercial Court Procedure and the Law on International Commercial Arbitration. On 27 December 2018, the Law on Arbitration was further amended. The power to grant license to perform functions of permanent arbitral institutions was shifted to the Ministry of Justice. One of the fundamental issues which were contested in the process of the reform was whether the existing regime of segregation of international and domestic arbitration should be abandoned altogether or should be maintained. With the strong opposition from experts of international commercial arbitration supported by the Codification Commission and the President’s Administration, the system of two separate laws, that is, the Law on Arbitration and the Law on International Commercial Arbitration, was maintained. However, organisational/institutional aspects of arbitration, including international arbitration, are now regulated by the Law on Arbitration.

General: George W. Ball: Diplomicy for a Crowded World. Bodley Head, London, 1976, x, 356p., £5.

India Quarterly A Journal of International Affairs ◽

10.1177/097492847803400207 ◽

1978 ◽

Vol 34 (2) ◽

pp. 210-256

Keyword(s):

Developing Countries ◽

Foreign Trade ◽

Foreign Exchange ◽

International Economics ◽

Developing Nations ◽

Commercial Arbitration ◽

Development Plans ◽

The Law

GENERAL: GEORGE W. BALL : Diplomacy for a Crowded World. GENERAL: MORDEVHAI E. KVEININ : International Economics: A Policy Approach. GENERAL: A.E. KARMALI : International Commercial Arbitration. N.M. Tripathi GENERAL: A. E. KARMALI and N. R. KANTAWALA : International Contracts: The Law and Practice of International Contracts. GENERAL: STEPHEN A. MARGLIN : Value and Price in the Labour-Surplus Economy. GENERAL: S. K. VERGHESE : Foreign Exchange and Financing of Foreign Trade. GENERAL: B. MAXWELL STAMPER : Population and planning in Developing Nations: A Review of Sixty Development Plans for the 1970s. GENERAL: JOHN CONNELL and MICHAEL LIPTON : Assesssing Village Labour Situations in Developing Countries.

Part V International Dispute Resolution, 19 International Commercial Arbitration

10.1093/law/9780198735441.003.0020 ◽

2015 ◽

Cited By ~ 1

Keyword(s):

Dispute Resolution ◽

Commercial Arbitration ◽

Conflict Of Laws ◽

National Courts ◽

International Dispute ◽

Model Law ◽

The Relationship ◽

Distinguishing Features

This chapter examines the nature of international commercial arbitration and its distinguishing features; the harmonisation of the law of international commercial arbitration; international arbitration and the conflict of laws; the review of arbitral awards; and the recognition and enforcement of arbitral awards. Consideration is given to the contribution made by the UNCITRAL Model law on International Commercial Arbitration and to the rules of various arbitral institutions (such as the ICC) to the harmonisation of arbitral law and practice. Also examined is the relationship between arbitration and national courts and national law, particularly in the context of the debate over delocalisation.