| Abstract [eng] |
Summary The Recognition of Foreign Arbitral Awards and Relation with Appeal (Revision) This article analyses the nature of arbitrage, the essence of arbitral agreement and decision. The main issues presented are problematic points of recognition procedure and grounds of disclaimer of foreign arbitral awards. Furthermore, while using comparative method the aim of this article was to disclose and investigate similarities, differences and relations between foreign arbitral award recognition and appeal (revision). According to the results of the analysis, there were discovered similarities and differences of Lithuanian and selected foreign countries court rulings adopted in the cases of recognition of arbitral awards. Therefore, the appropriate problems were identified and possible solutions of recent regulation were offered. In Addition, the vitality of these problems are influenced due to variety of national regulations and disunity of judicial practice of every single foreign country. Analysis of the rules of the New York convention and The Law of commercial arbitration of Republic of Lithuania as well as application of them is the central topic of this article. Following the legal analysis of this article, it is concluded that the harmonizing purpose of recognition of foreign arbitral award regulations determines the New York convention cannot secure appropriate legal practice as international implementation and enactment of this convention is necessary due to harmonize national laws and enable creating unanimous practice in the field of foreign arbitral award recognition. Moreover, it is concluded that although the recognition of foreign arbitral awards contain some similar aspects like appeal (revision), it is not equal procedure, because in the case of recognition neither validity nor legality are controlled. It is limited by determination of disclaimer grounds. |
