The Impacts of Public International Law on the Enforcement of Foreign Arbitral Awards

Dagmar Richter

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Chapter 26 The Impacts of Public International Law on the Enforcement of Foreign Arbitral Awards

In: Law of International Trade in the Region of the Caucasus, Central Asia and Russia

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Dagmar Richter

Dagmar Richter
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Type:: Chapter

Pages:: 435–489

DOI:: https://doi.org/10.1163/9789004357839_028

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Abstract

Enforcement of foreign arbitral awards lies at a borderline between private litigation and public international law. The article deals in depth with the role of public international law as to enforcement (or non-enforcement) of arbitral awards both in international commercial arbitration and in investment arbitration. It addresses issues such as the standards under public international law as to non-recognition of foreign arbitral awards which have been set-aside in the country of the seat of arbitration, the relevance of the Draft Articles on Responsibility of States for Internationally Wrongful Acts, the role of state immunity, countermeasures if an arbitral award is denied enforcement and enforcement of arbitral awards through judgments of international courts such as the ECtHR.

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Law of International Trade in the Region of the Caucasus, Central Asia and Russia

Public International Law, Private Law, Dispute Settlement

Series: Nijhoff International Trade Law Series, Volume: 20

Cover Law of International Trade in the Region of the Caucasus, Central Asia and Russia

E-Book ISBN:: 9789004357839

Publisher:: Brill | Nijhoff

Print Publication Date:: 05 Dec 2022

Subjects
- International Law
  - International Law: Regional Perspectives
  - International Commercial, Trade & Investment Law

Front Matter

Part 1 The Perspective of Public International Law

Section 1 Regional Economic Integration

Section 2 WTO Norms in the Context of the EAEU and Its Member States

Section 3 Selected Aspects of International Trade in the Region

Section 4 Environmental Issues

Part 2 The Perspective of Private Law

Part 3 Settlement of International Trade Disputes

Section 1 Dispute Settlement under Public International Law

Section 2 Dispute Resolution under Private Law

Back Matter

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Chapter 26 The Impacts of Public International Law on the Enforcement of Foreign Arbitral Awards

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Law of International Trade in the Region of the Caucasus, Central Asia and Russia

Public International Law, Private Law, Dispute Settlement

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