Ruling of the Regional Court of Debrecen Ref. No. Pkf.III.20.503/2005 Delivered in 2006
Rationes Decidendi:
If an enforceable arbitral award has the nature of a court judgment for the purposes of its enforcement, regulations pertaining to the enforcement of court rulings may be applied to such an award, including a mutual legal assistance treaty(in this case, an agreement between Hungary and Ukraine) that guarantees the enforceability of court judgments.
Due to the nature of an arbitral award, which is qualified as identical to a court judgment for enforcement purposes, regulations pertaining to the enforcement of foreign arbitral awards (in this case, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) are used together with regulations pertaining to the enforcement of court judgments, where those regulations apply that allow recognition and enforcement to a larger extent.
exceptions from recognition rules
exceptions from enforcement rules
foreign arbitral award
judgment recognition
enforcement of judgments
recognition of arbitral award
enforcement of arbitral award
recognition conditions
enforcement conditions
mutual legal assistance
general nature of legal aid agreement
more advantageous conditions
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
