Rolul dreptului internațional convențional în procedura de recunoaștere a hotărârilor arbitrale străine
The role of treaty law in the recognition procedure of foreign arbitral awards

Summary/Abstract: This article aims to explore and identify whether there is an obligation of the national judge to take into account conventional international law when applying the provisions of the Code of Civil Procedure in a procedure for recognizing and enforcing a foreign arbitral award. The analysis starts from the constitutional provisions regarding the application of public international law as well as from the general theory of the interpretation and application of international treaties and the responsibility of states for international wrongfull acts. The national judge called to rule in exequatur proceedings on the incidence of a ground for refusal from those regulated in the New York Convention must enforce national law in the light of the interpretation that the New York Convention received in practice. its developer, under the sanction of committing the state's responsibility for an international wrongful act.

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