CEU Electronic Theses and Dissertations, 2022
| Author | Usenova, Elmira |
|---|---|
| Title | Review of tribunal's jurisdiction in the course of setting aside or recognition and enforcement of an award:Finding a better approach for the Kyrgyz Republic |
| Summary | Commercial arbitration is actively developing as a mechanism of dispute resolution in the Kyrgyz Republic since its independence. In addition, the Government of the Kyrgyz Repub-lic included arbitration in a developed "National Strategy of Development of the Kyrgyz Re-public 2018-2040". The main purpose was to promote further growth of arbitration and the creation of arbitration-friendly regulation in the Kyrgyz Republic. Therefore, the present thesis analyzes one of the fundamental topics in commercial arbitration- the jurisdiction of the arbitral tribunal. Particularly, it provides a comparative overview of the existing legal mechanism for the review of the arbitral tribunal’s jurisdiction. For this purpose, it analyzes established legal frameworks in the developed countries: the United Kingdom, Switzerland, France, and Austria. Further, it elaborates on legal regulation on a subject matter under Kyrgyzstani legislation. Chapter I of the thesis provides an overview of main international legal instruments and existing legal frameworks under national laws in the abovementioned jurisdictions with a focus on the review of arbitral awards due to the lack of arbitral tribu-nal’s jurisdiction. Chapter II focuses on legal regulation in the Kyrgyz Republic, identifies existing legal gaps, and provides suggestions for the Kyrgyzstani commercial arbitration legislation. |
| Supervisor | Pavic, Vladimir |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2022/usenova_elmira.pdf |
Visit the CEU Library.
© 2007-2021, Central European University