Article title Case of Roehren-und Pumpenwerk Bauer GmbH — Another Argument in Favor of Reform of Ukrainian Procedural Law
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2014
Сторінки [44-49]
Annotation Following the reform of 2005, cases of recognition and enforcement of international commercial arbitration awards were transferred from appellate courts to courts of first instance. The article illustrates negative consequences of increasing the number of instances given the example of Roehren- und Pumpenwerk Bauer GmbH case. It is demonstrated that the complexity and length of consideration of the applications for enforcement of foreign arbitral award neutralize the advantages of international arbitration in comparison to national courts, and diminish the attractiveness of Ukraine for foreign companies. The article also analyzes international standards of arbitral awards enforcement. The requirements of the UNCITRAL Mode Law which is the basis of Ukrainian legislation on international commercial arbitration, and the practice of other states are considered. The need for reform of Ukrainian legislation with the purpose of reduction of the number of instances and the possible impact of such reform upon the judicial system are demonstrated.
Keywords international arbitration, recognition of foreign arbitral awards, UNCITRAL Model Law on International Commercial Arbitration.
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