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Arbitral Award as a Title for enforcement of decisions

Publication at Faculty of Law |
2021

Abstract

The arbitral award ex lege takes effect as a final court decision, which is linked to the enforceability of the arbitral award. The paper therefore deals with the use of the arbitral award as a title for the enforcement of a decision in the context of judicial enforcement, execution proceedings and insolvency proceedings.

At the same time, the paper focuses on the assessment of the arbitral award as a public instrument and also on the rules for the designation of arbitrators in the arbitration agreement or arbitration clause, which have been introduced by case law and the failure to comply with which may cause the arbitral award to be invalid.