Dispute Adjudication Board decision enforcement under New York Convention. Admissibility in court. Does it constitute an arbitral award?

The essay has in view a litigation (second appeal) held before High Court of Romania, that took place between two parties involved in a construction agreement concluded under the General Conditions of the FIDIC standard contract (the Red Book), as amended by Special Conditions agrees by the parties.

The object of the litigation was the request addressed by the claimant to the regular Tribunal for the recognition and the enforcement of a a DAB decision contested by the respondent party, request grounded upon the basis of Art.V par.1 subparagraph e) of the New York Convention in 1958.

:: Full text: JURIDICE.ro

Veronica JUNGER
Magistrate – Assistant for the Panel of 5 Judges in Criminal Matters of the High Court of Cassation and Justice of Romania

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