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Recunoașterea și executarea sentințelor arbitrale digitale
Recognition and enforcement of digital arbitral awards
[journal article]
Abstract The development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award ... view more
The development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.... view less
Classification
Law
Free Keywords
digital arbitration convention; digital arbitral award; recognition; enforcement; refusal
Document language
Romanian, Moldavian, Moldovan
Publication Year
2020
Page/Pages
p. 18-34
Journal
Revista EuRoQuod (2020) 4
ISSN
2559-3641
Status
Published Version; peer reviewed