Panaikinto arbitražo teismo sprendimo pripažinimas pagal Niujorko konvenciją ; Recognition of an annulled arbitral award under the new york convention

Different approaches to the recognition of an annulled arbitral award have been developed within the doctrine and the case law. The fundamental problem arises from the very provisions of the New York Convention, which provide that courts may recognise an annulled arbitral award while under the same provisions courts are not obliged to refuse recognition of the annulled arbitral award. Hence, the recognition of an international arbitral award under the New York Convention is considered to be the subject of this Master's Thesis. The first chapter analyses the annulment of arbitral award as a form of judicial control entrusted to the national courts of the state as well as the importance of the latter. This chapter also deals with the limits on jurisdictions and possible grounds for annulment of an award. The second chapter assesses the discretion of national courts under the New York Convention on recognising awards annulled in the seat of arbitration. The main focus is on the different approaches to the recognition of an annulled arbitral awards that have been developed within the doctrine and the case law. The author suggests that the objectives of the New York Convention would be best served following the approach whereby courts shall assess the grounds of the annulment of an award; and shall refuse to recognise such an award only when internationally recognised grounds for the annulment can be found. The third chapter is devoted for answering the question whether the judgements on awards made by the courts of the arbitral seat can be considered as a matter for recognition and enforcement of foreign judgements accorded by the courts; inter alia to identify how such treatment of judgements on arbitral awards would ensure the effectiveness of the New York Convention.