نوع مقاله : مقاله علمی - پژوهشی
دانش آموختۀ دکتری حقوق خصوصی دانشگاه تهران، تهران، ایران.
عنوان مقاله [English]
The issue of 'enforcement of annulled arbitration awards' is one of the major challenges which international commercial arbitration is facing with. Many Legislation attempts have been made to regulate such a process, which according to the contractual nature of 'international commercial arbitration', does not make sense anyhow. In this regard, the 1958 New York Convention on the Recognition and Enforcement of International Commercial Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration are two notable sets with maximum global acceptance that can be obtained with the help of their applicable regulations offered appropriate solutions to prevent the recognition and enforcement of annulled international commercial arbitral awards. 'Public Policy' is a unique concept in this field, which is considered either 'annulment of arbitral awards' In national law and UNCITRAL Model Law and according to the 1958 New York Convention, which can be considered by the Arbitration awards enforcement location Courts for the lack of identification and implementation of foreign business arbitration awards. The same subscription in the abolition and lack of identification and implementation of business arbitration awards can be considered in accordance with the argument of the origin court in the use of a joint examples or similar to domestic public policy to annulle the arbitration awards with the international public policy and even the domestic public policy of the court of award enforcement location as a functional solution in direction to reduce the possibility of identifying and implementing annulled arbitration awards in the country of award enforcement.