ЕUROPEAN STANDARDS IN THE RECOGNITION AND ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS AND THEIR IMPLEMENTATION INTO NATIONAL LEGISLATION

Abstract

The article is devoted to a thorough study of the civil procedural aspects of the recognition and enforcement of international commercial arbitration awards through the prism of European standards and their implementation in the national legislation of Ukraine. The relevance of the topic is determined by the fact that international arbitration occupies a leading place among alternative methods of resolving commercial disputes, ensuring speed, flexibility and neutrality of the process. However, the effectiveness of arbitration directly depends on the proper functioning of the mechanisms for the recognition and enforcement of arbitration awards in national legal systems, since only through judicial coercion does an arbitration award acquire real force. The article examines the provisions of the Civil Procedure Code of Ukraine (Articles 474–482), which establish the procedure for the recognition and enforcement of international commercial arbitration awards, and their correlation with the norms of the New York Convention of 1958, as well as the Law of Ukraine “On International Commercial Arbitration”. A comparative analysis of legal standards and judicial practice of the European Union countries has been conducted. It has been shown that a unified approach based on the principle of minimal judicial intervention is gradually being formed in Europe: courts check only compliance with formal requirements and fundamental procedural guarantees, leaving out of consideration the content of arbitration awards. A narrow interpretation of the category of “public order” is also important, which minimizes the risk of abuse and ensures the stability of international arbitration turnover. The paper reveals the specifics of national models: in France, formal review of arbitration awards dominates; in Germany, in accordance with §§ 1060–1065 ZPO, control is carried out exclusively on procedural criteria; in the UK, in accordance with the Arbitration Act 1996, an exhaustive list of grounds for refusal has been established; in Switzerland, a simplified procedure with clear deadlines for consideration operates. The decisions of the European Court of Human Rights and the Court of Justice of the European Union, which emphasize the need to observe the right to a fair trial and equality of parties, have a significant impact on the formation of European standards.It is concluded that the further implementation of European standards in the civil procedural legislation of Ukraine will contribute to harmonization with the European legal space, strengthening business confidence in arbitration, increasing the effectiveness of protecting the rights of participants in international commercial relations, and strengthening Ukraine’s position as an attractive jurisdiction for investors.