El reconocimiento y la ejecución de un laudo internacional anulado en el país de la sede arbitral
International arbitration is the more useful and proper mechanism to settle legal disputes arising from international trade and international contracts. Hence, arbitration institutions have quickly increased and the recourse to international arbitration rules, by National States and private persons,...
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Format: | Article |
Language: | Spanish |
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Universidad Externado de Colombia
2008
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3627248 |
Source: | Revista e-mercatoria, ISSN 1692-3960, null 7, Nº. 2, 2008, pags. 310-343 |
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Summary: |
International arbitration is the more useful and proper mechanism to settle legal disputes arising from international trade and international contracts. Hence, arbitration institutions have quickly increased and the recourse to international arbitration rules, by National States and private persons, has been important throughout the last years. Nevertheless, traditionally, the relation between international arbitration and State control over this dispute resolution mechanism has not been the best. As a result of this tension, foreign awards have some problems in being recognized and enforced. This is the reason why the New York Convention tried to facilitate the recognition and enforcement of foreign awards. In spite of the New York Convention's effectiveness, a major problem still exists. It deals with the recognition and enforcement of foreign awards that have been annulled at the place of the arbitration. This article aims to show this serious problem and to review, under a critical approach, the solutions given by theorists and practicians in this matter. |
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