Czech (& Central European) Yearbook of Arbitration: Recognition and Enforcement of Arbitral Awards 2019 Volume 9

This article is devoted to a comparative analysis of the legislation and case law pertaining to the recognition and enforcement of arbitral awards annulled in their country of origin. Disputes arising in legal theory and practice relate mainly to ambiguous drafting of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ratified in New York in 1958 New York Convention. According to this Convention

recognition and enforcement of the award may be refused, upon a petition submitted by the party against whom it is invoked, only if that party furnishes to the competent authority of the country where the recognition and enforcement is sought, proof that the award has not yet become binding on the parties, or has been annulled or suspended by a competent authority of the country in which, or under the law of which, that award was made.