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| rdf:type
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| Description
| - The term “foreign arbitral award” is crucial for the applicability of the respective rules on recognition and enforcement. Most national lex arbitri also lack any explicit definition. The practice in application of the New York Convention (1958) is of essential importance, mainly of its Article 1(1). New York Convention suggests that there are two types of foreign arbitral awards, namely: (i) arbitral awards rendered in the territory of a state other than the state of recognition, and (ii) arbitral awards that are not considered local (national, domestic) awards in the state in which their recognition is sought. The reason for this differentiation consists of the differences in interpretation of the status of arbitral award in different jurisdiction. The Convention employs two criteria, a territorial criterion (as the most important one) and a functional criterion. Although the Convention undoubtedly has major significance, we must not entirely dismiss bilateral treaties, such as legal assistance treaties, which also take precedence over laws of national origin. Any conflict between a [legal assistance] treaty and the New York Convention can be resolved either from the perspective of and with the use of the New York Convention and/or the particular treaty, or with the use of the general methods of resolving conflicts between the application of sources of international law (rules of international origin).
- The term “foreign arbitral award” is crucial for the applicability of the respective rules on recognition and enforcement. Most national lex arbitri also lack any explicit definition. The practice in application of the New York Convention (1958) is of essential importance, mainly of its Article 1(1). New York Convention suggests that there are two types of foreign arbitral awards, namely: (i) arbitral awards rendered in the territory of a state other than the state of recognition, and (ii) arbitral awards that are not considered local (national, domestic) awards in the state in which their recognition is sought. The reason for this differentiation consists of the differences in interpretation of the status of arbitral award in different jurisdiction. The Convention employs two criteria, a territorial criterion (as the most important one) and a functional criterion. Although the Convention undoubtedly has major significance, we must not entirely dismiss bilateral treaties, such as legal assistance treaties, which also take precedence over laws of national origin. Any conflict between a [legal assistance] treaty and the New York Convention can be resolved either from the perspective of and with the use of the New York Convention and/or the particular treaty, or with the use of the general methods of resolving conflicts between the application of sources of international law (rules of international origin). (en)
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| Title
| - Concept of Foreign Arbitral Award in Connection with Recognition and Enforcement and Conflicts of Sources
- Concept of Foreign Arbitral Award in Connection with Recognition and Enforcement and Conflicts of Sources (en)
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| skos:prefLabel
| - Concept of Foreign Arbitral Award in Connection with Recognition and Enforcement and Conflicts of Sources
- Concept of Foreign Arbitral Award in Connection with Recognition and Enforcement and Conflicts of Sources (en)
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| skos:notation
| - RIV/61989100:27510/13:86088191!RIV14-MSM-27510___
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| http://linked.open...avai/predkladatel
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| http://linked.open...avai/riv/aktivita
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| http://linked.open...avai/riv/aktivity
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| http://linked.open...iv/cisloPeriodika
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| http://linked.open...vai/riv/dodaniDat
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| http://linked.open...aciTvurceVysledku
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| http://linked.open.../riv/druhVysledku
| |
| http://linked.open...iv/duvernostUdaju
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| http://linked.open...titaPredkladatele
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| http://linked.open...dnocenehoVysledku
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| http://linked.open...ai/riv/idVysledku
| - RIV/61989100:27510/13:86088191
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| http://linked.open...riv/jazykVysledku
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| http://linked.open.../riv/klicovaSlova
| - decision in merits; procedural decision; sources of international law; privat international law; foreign award; domestic award; enforcement; recognition; New York Convention; arbitral award; arbitration (en)
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| http://linked.open.../riv/klicoveSlovo
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| http://linked.open...odStatuVydavatele
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| http://linked.open...ontrolniKodProRIV
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| http://linked.open...i/riv/nazevZdroje
| - Romanian Journal of Arbitration
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| http://linked.open...in/vavai/riv/obor
| |
| http://linked.open...ichTvurcuVysledku
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| http://linked.open...cetTvurcuVysledku
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| http://linked.open...UplatneniVysledku
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| http://linked.open...v/svazekPeriodika
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| http://linked.open...iv/tvurceVysledku
| |
| issn
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| number of pages
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| http://localhost/t...ganizacniJednotka
| |
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