Publication details
Arbitrabilita jako důvod pro odmítnutí uznání a výkonu cizího rozhodčího nálezu
| Title in English | Arbitrability as a Reason for Refusal of Recognition and Enforcement of Foreign Arbitral Award |
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| Authors | |
| Year of publication | 2010 |
| Type | Article in Proceedings |
| Conference | COFOLA 2010: the Conference Proceedings |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.law.muni.cz/sborniky/cofola2010/files/arbitrabilita.html |
| Field | Law sciences |
| Keywords | New York Convention; Article V(2); public policy; arbitrability. |
| Description | Arbitrability of a dispute ranks among the reasons which can lead to denial of recognition of a foreign arbitral award. This reason is to be found in the Article V(2)(a) of the New York Convention. Article V(2)(a) enables a court to refuse the recognition of a foreign arbitral award if the court finds out that the dispute is not arbitrable according to the law of the country where the recognition is sought. The court considers this reason on its own motion. In the literature, the arbitrability in the Convention is often considered as a part of public policy in the sense of the Article V(2)(b). Under the predominant view, public policy according to Article V(2)(b) is understand to be international public policy. The aim of this article is the analysis of the Article V(2)(a) of the Convention including the relevant case law. This article wants to confirm the hypothesis that the arbitrability as the reason for refusal of recognition of foreign arbitral award is to be considered as the part of international public policy. |