Recognition and enforcement of digital arbitral awards Cover Image

Recunoașterea și executarea sentințelor arbitrale digitale
Recognition and enforcement of digital arbitral awards

Author(s): Ionela-Diana Patrasc-Balan
Subject(s): Civil Law, EU-Legislation, Court case, Comparative Law
Published by: Institutul National al Magistraturii
Keywords: Digital arbitration convention; digital arbitral award; recognition; enforcement; refusal;

Summary/Abstract: The development of international online commerce has led to the shift of disputes arisingmainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digitalforeign arbitral award rendered following an online arbitration (e-arbitration) may be enforced incase of voluntary non-enforcement on the territory of a foreign state, following the recognition andenforcement procedure.One of the reasons that the party opposed to the digital arbitral award mayinvoke to block this procedure is the lack of formal validity of the arbitration agreement concludedby electronic means. This article aims to examine the regulatory framework within which a statecourt will examine the formal validity of the digital arbitration agreement and the extent to whichthis ground for refusal of recognition can be found to be well-founded.

  • Issue Year: IV/2020
  • Issue No: 4
  • Page Range: 18-34
  • Page Count: 17
  • Language: Romanian