Enforcement of Foreign Awards in European Member-Countries of the Council for Mutual Economic Assistance

Abstract

before dealing with the subject of enforcement of arbitral awards, it is necessary to emphasise the unique status of commercial arbitration within the CMEA1, where arbitration is the only means of settlement of disputes arising from economic relations between economic organisations in member-countries. The arbitration courts of the Chambers of Commerce of CMEA-member-countries enjoy, with few exceptions, exclusive jurisdiction over disputes arising from commercial relations between economic organisations in member-countries of the CMEA on the basis of several multinational agreements. The General Conditions of Delivery of Goods between organisations of the CMEA-member-countries2 in force as at January 1, 1958 (GCD CMEA 1958), which concern the international sale of goods only, were followed by the General Conditions of Assembly and General Conditions of Technical Servicing of 1962 (GCA CMEA 1962, GCTS CMEA 1962). These are now valid in the versions 1972 and 1982 respectively. Paragraph 90 GCD CMEA provides as follows: > ‘All disputes which may arise from or in connection with the contract shall be subject, without recourse to courts of law, to consideration by arbitration in an arbitration tribunal established for such disputes in the country of the defendant or, by agreement of the parties, in a third member-country of the Council for Mutual Economic Assistance.’ The Convention on the Settlement by Arbitration of Civil Law Disputes out of Relations of Economic, Scientific and Technological Co-operation of 26 May, 1972 (the Moscow Convention)3 has expanded the competence of these arbitration courts to all types of economic and technological co-operation: > ‘2. The term “cases” referred to in Paragraph 1 shall mean those arising from contracts of purchase, contracts on specialisation and co-operation of production, carrying out of building, industrial and construction works, on assembling projecting, prospecting, scientific-research, designing and exploratory development, transport-dispatching and other services, as well …