المستحدث في جهة الاختصاص و النظام الإجرائي للأمر بتنفيذ أحكام التحكيم الأجنبية في دولة الإمارات العربية المتحدة

الملخص EN

The voluntary and forced execution embodies the purpose of the request for arbitration for anyone who obtains an award that achieves the purpose of the arbitration proceeding.

In the context of foreign arbitration awards, permitting without national conditions or restrictions for the enforcement of foreign arbitration awards prejudices the sovereignty of the State over its territory, so the order of enforcement has become the judicial regulatory instrument imposed by the national legislator on the will of the parties, which is subsequent control over the issuance of the arbitration judgement - national, international or foreign - when it is to be enforced.

In view of the different international and national legislation in the terms and conditions of the enforcement of foreign arbitration judgments, the problem of the study is to know which provisions are applicable to assess the availability of jurisdiction and procedures for obtaining order to enforce such awards.

All this by pursuing an analytical approach and a plan based on two topics: the jurisdiction to request an enforcement order (first), and its procedural system (second).