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CNAA / Theses / 2016 / May /

International efficiency of the foreign arbitral awards within the system of the New York Convention of 1958


Author: Lazăr Diana
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2016
Scientific adviser: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 13 May, 2016
Approved by NCAA on the 5 July, 2016

Abstract

Adobe PDF document – 0.54 Mb / in romanian

Thesis

CZU 341.638:341.24

Adobe PDF document 3.89 Mb / in romanian
228 pages

Keywords

foreign arbitral award, efficiency, New York Convention of 1958, international arbitration, recognition and enforcement, grounds of refusal

Summary

Thesis structure: introduction, three chapters, general conclusions and recommendations, bibliography of 212 titles, 4 annexes, 162 pages of main text. The research results have been published in 9 scientific articles.

Research area: Specialty 553.06 - International private law and European law.

The research goal and objective: The goal of this research is to establish if there is a need to adopt a new international treaty regarding the recognition and enforcement of foreign arbitral awards. The main objectives of the research are:

  1. scoping the application area of the New York Convention;
  2. identifying the uniform solutions for application of the grounds of refusal of the foreign arbitral awards;
  3. developing the standards for the procedural rules on recognition and enforcement of foreign arbitral awards;
  4. assessing the conformity of the national legal framework and jurisprudence with the Convention’s standards;
  5. developing the main principles for the preservation of the New York Convention’s application acquis.

Scientific novelty and originality consists in the research of the foreign arbitral awards efficiency within the New York Convention system and the assessment of the local and foreign jurisprudence in order to generate solutions for the improvement of the international efficiency of foreign arbitral awards.

The significant scientific problem solved in the research consists in studying the conditions for the recognition and enforcement of the foreign arbitral awards within the New York Convention, in order to develop the main principles for their international efficiency and to strengthen the acquis of uniformity established by the New York Convention of 1958.

Theoretical significance of the study is determined by the complex research of the efficiency of the foreign arbitral awards, in the context of international law and jurisprudence. Practical value of the research stems from the formulated recommendations and the proposals for amending the decision of the Supreme Court of Justice on unified judicial practice.

Implementation of the scientific results was made through the publication of the theoretical studies and practical recommendations in the specialized law journals and through presentations at international and national conferences.