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March 26, 20261 citations

Ensuring the Rights of Parties After a Judicial Decision: Theoretical and Practical Overview

DBDmitry Semenovich Belkin

Key Points

  • The article aims to analyze protective mechanisms following procedural decisions in international arbitration and improve their effectiveness.
  • Evaluation of various protective means used in international arbitration.
  • Analysis of international and national legal norms, especially the New York Convention.
  • Assessment of enforcement, compensation, annulment, appeal, and review processes.
  • Identified gaps in current protective mechanisms for investors and states.
  • Suggested improvements to enhance fairness in international arbitration.
  • Highlighted the significance of legal norms in shaping the effectiveness of protective measures.

Abstract

This article presents an analysis and evaluation of protective mechanisms used after a procedural decision in international arbitration. The study covers a broad spectrum of protective means, including enforcement, compensation for damage, annulment, appeal, and review of arbitral decisions. Special attention is paid to the analysis of the impact of international and national legal norms, including the New York Convention, on the effectiveness of these mechanisms. The article aims to identify ways to improve the protection system to ensure a fair balance between the interests of investors and the sovereign rights of states in the context of international arbitration.

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Cite This Study

Dmitry Semenovich Belkin (2025) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde448917532https://doi.org/10.64457/ru-science-2025-i03-a02
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