CEU Electronic Theses and Dissertations, 2018
| Author | Tripkovic, Jelena |
|---|---|
| Title | Enforcement of Arbitral Awards Set Aside in the Country of Origin |
| Summary | Enforcement of arbitral awards set aside in the country of origin belongs to the category of topics which have, due to controversies they are usually associated with, always attracted attention of legal scholars and practitioners. In this sense, whether awards which have been annulled in their country of origin can in spite of the annulment be enforced in other jurisdictions is the question which has been subject to various theoretical constructions from all sides of the spectrum – from those who adhere to the opinion that annulment deprives an award of any legal effect meaning that it is impossible to enforce it anywhere, over those in the middle who claim that the issue should be observed on a case-to-case basis and relevant surrounding circumstances which is why no single answer to the imposed question could or should be given, to those who strongly proclaim that enforcement of set-aside awards be allowed. Accordingly, the diversity of approaches has also been confirmed in practice, as on the basis of relevant case law it will be seen that courts of various jurisdictions have taken different positions towards the same issue – some of them have found set-aside awards to be enforceable, some of them, on the other hand, have sided with a contrary view. Based on this preliminary discussion, although it can easily be concluded that the subject is so diversified that no consistent answer to the question could be developed, therefore causing an extremely high degree of legal unpredictability and non-uniformity which inevitably generate additional negative consequences, this thesis argues that it is precisely due to the lack of such answer that another possible answer should be adopted – to deprive the current debate of its object by structurally changing the mechanism currently employed for control over arbitral awards. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/tripkovic_jelena.pdf |
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