Κατεύθυνση Ευρωπαϊκό Ιδιωτικό Δίκαιο
Library of the School of Law

2024-12-11

2024

Karamani Antigoni-Vasiliki

Αντώνης Καραμπατζός, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ιωάννης Δεληκωστόπουλος, Αν. Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Εμμανουήλ Περάκης, Αν. Καθηγητής, Νομική Σχολή, ΕΚΠΑ

Recognition and enforcement of arbitral awards in the European legal order

English

Recognition and enforcement of arbitral awards in the European legal order

This thesis aims to examine the recognition and enforcement regime of arbitral awards in the European legal order, primarily focusing on the intersection between international commercial arbitration and national courts. Arbitration, as an alternative dispute resolution mechanism, has been widely adopted for its flexibility, neutrality, and efficiency, particularly in cross-border disputes. Central to its effectiveness is the ability to ensure that arbitral awards are recognized and enforced in multiple jurisdictions, a task facilitated by key instruments like the New York Convention of 1958. This work explores the legal framework governing the recognition and enforcement of arbitral awards in Europe, including Regulation 1215/2012 (Brussels I Recast) and national legislation such as Greece’s Civil Procedure Code. Through analysis of landmark case law from both the Court of Justice of the European Union (CJEU) and Greek courts, the thesis evaluates the challenges posed by conflicting judicial decisions, parallel proceedings, and public policy exceptions. Emphasis is placed on the role of national courts in upholding arbitral awards, particularly in Greece, where recent legislative reforms seek to align with international arbitration standards. Ultimately, this thesis argues for a stronger pro-enforcement stance in both national and European legal systems to promote arbitration as a reliable method of dispute resolution.

Law and Legislation

European law

Recognition, Enforcement, Arbitration, Procedure, New York Convention, European Law, Regulation 1215/2012, CJEU

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https://pergamos.lib.uoa.gr/uoa/dl/object/3446625