Recognition and Enforcement of Foreign Arbitral Awards in Albania

被引:0
|
作者
Tafaj, Flutura Kola [1 ]
Cinari, Silvana [1 ]
机构
[1] Univ Tirana, Fac Law, Tirana, Albania
关键词
Competent authority; Grounds for the refusal of recognition; Hierarchy of legal acts; The more 'favorable right provision';
D O I
10.1007/s40804-023-00270-w
中图分类号
F [经济];
学科分类号
02 ;
摘要
This article aims to analyze the procedure and grounds for the refusal of recognition and enforcement of foreign arbitral awards in Albania by highlighting several legal issues that might arise during the procedure. The analysis is focused on the hierarchy of the applicable legal instruments, the competent authority, and the procedure for the recognition of foreign arbitral awards. The grounds for refusing the recognition of foreign arbitral awards are examined under the provisions of the Albanian Code of Civil Procedure, aiming to provide some guidance on their interpretation, since they have not been specifically drafted for the recognition of foreign arbitral awards. The article concludes that most of the legal issues raised would be avoided through the adoption of a special law on arbitration which would possibly provide for the same grounds for the refusal of recognition of foreign arbitral awards as the New York Convention.
引用
收藏
页码:677 / 691
页数:15
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