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VÝKON MEDZINÁRODNÉHO ROZHODCOVSKÉHO ROZSUDKU V HOLANDSKU – YUKOS CAPITAL VS. OAO ROSNEFT (PRAKTICKÝ PRÍKLAD) II. ČASŤ

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 5
446 – 467
EN
The main obligation of every arbitrator, deciding the case in international commercial arbitration, has always been to decide the dispute in such manner, that it would mean a successful outcome of arbitration. Nowadays it is possible to state that courts, competent to permit an enforcement of foreign arbitral award are applying a positive approach, at least in the states with the international commercial arbitration being a usual way of solving international commercial disputes. Among states, in which the recognition and enforcement of the foreign arbitral award is refused only exceptionally, firmly stands undoubtedly the Netherlands. And it is the analysis of the complex case Yukos v Rosneft, decided in the Netherlands, to which the two-part-long study submitted has been utterly dedicated. The first part of the study will introduce an international commercial arbitration in the Netherlands for the reader, together with the characteristics of the most famous Dutch arbitration institution. The analysis of the Yukos v Rosneft case has been included in the second part of the study. Actually, the Dutch judgments, gradually rendered in all instances of the Dutch judicial system have proved to be an illustrative example of interpretation of the New York Convention, as well as an example of application of the Dutch Act on Arbitration 1986. Far from exaggerating any point, after delving into the intricacies of the Yukos v Rosneft case, it is possible only to predict, that nothing could have been able to diverge the reader’s attention from the fact that these judicial decisions are definitely both complicated and highly controversial in their very nature.
2

VÝKON MEDZINÁRODNÉHO ROZHODCOVSKÉHO ROZSUDKU V HOLANDSKU – YUKOS CAPITAL VS OAO ROSNEFT (PRAKTICKÝ PRÍKLAD) I. ČASŤ

100%
Chovancová K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 4
341 – 362
EN
The main obligation of every arbitrator, deciding the case in international commercial arbitration, has always been to decide the dispute in such manner, that it would mean a successful outcome of arbitration. This successful outcome is bound to have a form of the valid international arbitral award, which is easily recognizable and enforceable in any assumed state of its enforcement. Nowadays it is possible to state that courts, competent to permit an enforcement of foreign arbitral award are applying a positive approach, at least in states with the international commercial arbitration being a usual way of solving international commercial disputes. Among states, in which the recognition and enforcement of foreign arbitral award is refused only exceptionally, firmly stands undoubtedly the Netherlands. And it is the analysis of the complex case Yukos vs Rosneft, decided in the Netherlands, to which the two-part-long study submitted has been utterly dedicated. The first part of the study will introduce an international commercial arbitration in the Netherlands for the reader, together with characteristics of the most famous Dutch arbitration institution. The analysis of the Yukos vs Rosneft case has been included in the second part of the study. Actually, the Dutch judgments, gradually rendered in all instances of the Dutch judicial system have proved to be an illustrative example of interpretation of the New York Convention, as well as an example of application of the Dutch Act on Arbitration 1986. Far from exaggerating any point, after delving into the intricacies of the Yukos vs Rosneft case, it is possible only to predict, that nothing could have been able to diverge the reader’s attention from the fact that these judicial decisions are definitely both complicated and highly controversial in their very nature.
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