Arbitration From the Perspective of Bilateral Agreements on Legal Assistance

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F20%3A73606133" target="_blank" >RIV/61989592:15220/20:73606133 - isvavai.cz</a>

Result on the web

<a href="https://obd.upol.cz/id_publ/333186019" target="_blank" >https://obd.upol.cz/id_publ/333186019</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Arbitration From the Perspective of Bilateral Agreements on Legal Assistance

Original language description

International legal assistance is one of the areas covered by private international procedural law and is regulated by a number of international treaties. Czech Republic is a contract party to hundreds of such agreements on legal assistance. The author examines whether bilateral international agreements on legal assistance in private matters contain a regulation of arbitration, or which issues such agreements regulate and how and tries to give an overview of them. In such matters, we may encounter arbitration in the private sense, which plays an important role in the international context. The author concludes in the article that the only area of arbitration governed by the agreements on legal assistance - if at all - is the issue of the recognition and enforcement of arbitration awards. Although it is not a traditional area of legal assistance, whether the recognition and enforcement of decisions can be included in legal assistance at all, it has become a kind of a common tradition for agreements on legal assistance to regulate this issue. Most of the examined bilateral agreements on legal assistance are related to the recognition and enforcement of arbitration awards, whether explicitly or indirectly. The article therefore deals with the relationship of these agreements to the recognition and enforcement of arbitration awards - examines how the recognition and enforcement of arbitration awards are included in agreements on legal assistance and categorizes them in this context. Given the fact that the issue of recognition and enforcement of arbitration awards is comprehensively regulated by the New York Convention, the article also deals with the relationship of bilateral agreements on legal assistance to this very important unification instrument. The author concludes that, despite the existence of the New York Convention, bilateral agreements on legal assistance in the matter of the recognition and enforcement of arbitration awards cannot be ignored and have their significance.

Czech name

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Czech description

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Type

J_ost - Miscellaneous article in a specialist periodical

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2020

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Czech (&amp; Central European) Yearbook of Arbitration

ISSN

2157-9490

e-ISSN

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Volume of the periodical

2020

Issue of the periodical within the volume

1

Country of publishing house

US - UNITED STATES

Number of pages

28

Pages from-to

181-208

UT code for WoS article

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EID of the result in the Scopus database

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