Limitele controlului realizat în cadrul acțiunii în anulare a hotărârii arbitrale
The limits of the control carried out within the action for annulment of the arbitration decision
Author(s): Emilia MădulărescuSubject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: arbitration; action for annulment; annulment of the arbitration decision; Article 608 of the Civil Procedure Code;
Summary/Abstract: In the current period, characterized by an increased speed of processes and operations, arbitration, as an alternative way of resolving disputes, less expensive and more flexible, has become more and more used. Although the decision of the arbitration court is not completely excluded from the control exercised by the state through the courts, this verification is limited to a series of aspects regarding the legality of the arbitration decision, excluding the assessment of other elements, such as the way of interpreting the means of evidence. From a normative point of view, in the Romanian legal system, the rules regarding the contestation of an arbitration decision are concentrated in several provisions of the Civil Procedure Code, which we propose to analyze mainly from a jurisprudential perspective.
Journal: Revista „Dreptul”
- Issue Year: 2024
- Issue No: 06
- Page Range: 97-113
- Page Count: 17
- Language: Romanian
- Content File-PDF