Recognition and Enforcement of Foreign Arbitral Awards - Chapter 38 - Arbitration Law of Czech Republic: Practice and Procedure
Alexander J. Bělohlávek, 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.
38.I. THE TERM “FOREIGN ARBITRAL AWARD” UNDER THE LAW OF NATIONAL ORIGIN (ARBACT) AND UNDER THE NEW YORK CONVENTION (NYCONV)
38.I.1. Importance of the NYConv (NYConv) and the concept of arbitration / arbitral award in the state of recognition/enforcement
Most countries distinguish between national (domestic) and international (foreign) awards. Domestic arbitral awards are awards rendered in the state where the court is located, whereas foreign awards are rendered in a different state. But it is not the same difference as between domestic and international arbitration. A domestic arbitral award may be rendered both in a domestic and in an international dispute. The rules for the recognition and enforcement of domestic arbitral awards often differ from the rules for the recognition and enforcement of foreign arbitral awards.8 But it is necessary to emphasize the importance of the rules of international origin (international treaties) which have come to assume major importance for the enforcement of foreign arbitral awards.
The court with jurisdiction over the recognition and enforcement of an arbitral award is a national (domestic) court. The jurisdiction of a particular court is determined according to national (domestic) laws.