Rationes Decidendi:
The recognition of a foreign arbitral award has a functional connection with the enforcement thereof. The decision regarding enforcement therefore inherently implies the recognition of the arbitral award.
The limitation (refusal) of the recognition and enforcement of a foreign arbitral award is governed by the laws of the state in which recognition/enforcement is sought, as applicable at the time the arbitral award was issued.
The recognition/enforcement of a foreign arbitral award cannot be granted if the time limit for the commencement of the proceedings for recognition/enforcement has expired under applicable law.
limitation of recognition and enforcement
law applicable to recognition
law applicable to enforcement
limitation of actions
recognition of a foreign arbitral award
enforcement of a foreign arbitral award
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
