CEU Electronic Theses and Dissertations, 2008
| Author | Vlahov, Dina |
|---|---|
| Title | Scrutiny of arbitral awards by Constitutional court |
| Summary | This master thesis is dealing with the problem of reviewing arbitral awards by Constitutional Court, concentrating on countries where this has recently occurred – Republic of Croatia and some countries of Latin America. Different approaches related to different understanding of legal personality of arbitration and respectively the awards rendered by arbitral tribunals, were given. In practice of these countries mentioned, constitutional complaints for protection of human rights and freedoms guaranteed by the Constitution were filed with Constitutional Court against arbitral awards. This possibility as a venue against arbitral awards has made a confusing situation among judges and other legal scientists in this field, who were having different opinions on whether arbitral awards may or may not be subject to the control of the Constitutional Court. The opinions have changed during the years, thus not giving the final conclusion of what should be the proper understanding of a concept of arbitration and the exact possibilities available for the party, against non satisfying arbitral awards, especially in terms of constitutional complaint. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/vlahov_dina.pdf |
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