Koch O. «Recognition and Enforcement of Foreign Arbitral Awards: Theoretical and Practical Approaches»

The thesis is devoted to research of current situation and transformations of the mechanism of recognition and enforcement of foreign arbitral awards in more than 120 jurisdictional practices in order to develop effective strategies of mechanism’s improvement, basing on research of national variations of its implementation and consolidation of doctrine that include works of over than 100 prominent experts in arbitration. The thesis considers issues of evolution of international arbitration as a method of dispute resolution in field of international private relations, in particular, development of arbitration as an institute, tendencies to delocalization and autonomy of arbitration in context of transnational law. Problems of the mechanism of recognition and enforcement of foreign arbitral awards have been analysed, considering their inter-disciplinary nature that has been developed at the intersection of international private law and civil procedural law. The thesis studies a number of problematic issues of recognition and enforcement of foreign arbitral awards and ways of improvement of their regulation, in particular: arbitrability and public policy; effects of arbitral award as res judicata, stare decisis, lis pendens, erga omnes; procedural aspects of the mechanism of recognition and enforcement of arbitral awards (limitations, jurisdiction, court fees, form of claim, features of court consideration, etc.) and substantive aspects (by example of the issue of recognition and enforcement of annulled arbitral awards). In order to ensure effective and balanced universalization of national practices and to ensure recognition of transnational nature of arbitration at local level, there are considered the prospects of development of the Model Law on consideration of cases on recognition and enforcement of foreign arbitral awards that would enshrine the strategy of national court’s behavior to act as a guarantor of arbitral awards, while the court acquires transnational jurisdiction through consideration of such cases. The thesis considers the problems of implementation of the mechanism of recognition and enforcement of foreign arbitral awards in Ukraine, in particular, features of legal regulation, court practice and strategies of improvement of the mechanism’s application. Upon processing of case law database of Ukraine, the Guide on Case Law in field of recognition and enforcement of foreign arbitral awards has been developed. It includes 547 court decisions of 2015–2020, that have presented in 6 schemes by years and in 75 diagrams. The Guide has been included into the thesis as its annex.