Teismų vaidmuo arbitražo procese pagal Lietuvos teisę

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Lietuvių kalba / Lithuanian
Title:
Teismų vaidmuo arbitražo procese pagal Lietuvos teisę
Alternative Title:
Role of Lithuanian national courts in the arbitral proceedings
In the Journal:
Teisė. 2017, t. 102, p. 75-93
Summary / Abstract:

LTReikšminiai žodžiai: Arbitražas; Teismai.

ENArticle analyses the interaction between Lithuanian courts and arbitration. It examines the contribution of adopted and proposed amendments to the Law on Commercial Arbitration, as well as Lithuanian case law to effectiveness of arbitration as a dispute resolution method and outlines distinctive trends and characteristics of Role of Lithuanian national courts in arbitration process. The analysis concludes that relationship between arbitration and the national courts has gradually transformed itself from adversarial to symbiotic. One can no longer imagine an efficient arbitration process without court intervention. Each step of arbitration proceedings is infused with comfort offered by the helping hand of Lithuanian courts. National courts have become the guarantor that parties to arbitration receive expedient and effective resolution of their mutual dispute, a fair hearing and enforcement of arbitrator’s rulings and awards. Lithuania is moving rapidly towards the cherished ideals developed by the progressive western countries. The vast majority of provisions of the Law on Commercial Arbitration already reflect the spirit of the UNCITRAL Model law. In addition, Lithuanian courts have consistently interpreted the former in accordance with the provisions of the New York Convention, a UNCITRAL Model law, as well as preparatory works and commentaries thereto. Authors are hopeful that soon the legislatures approves the proposed amendments on the confidentiality of the arbitration case file and resolve the issues related to enforcement of the preliminary rulings of arbitral tribunal on the application of the interim measures. Whatever the future course of Lithuanian legislature on commercial arbitration, the innovative trends analysed in this Article strongly suggest that arbitration will receive deserved attention from Lithuanian businesses and finally have its heyday. [From the publication]

DOI:
10.15388/Teise.2017.102.10519
ISSN:
1392-1274; 2424-6050
Subject:
Related Publications:
International commercial arbitration – enforcement of arbitral awards revisited / Pranas Mykolas Mickus. International Comparative Jurisprudence. 2019, Vol. 5, no. 2, p. 155-165.
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https://www.lituanistika.lt/content/68218
Updated:
2018-12-17 14:15:37
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