Arbitrajul constituit pe lângă Oficiul Român pentru Drepturile de Autor din România
Arbitration created by the Romanian Copyright Office in Romania

Summary/Abstract: The arbitration organized at Romanian Office Arbitration (ROAR/ORDA, Oficiul Roman pentru Drepturile de Autor din Romania) appears to be an alternative means of solving various differences that occur between specific purposes the intellectual works or derivate ones. The author describes the functioning and the features of this process as compared with the general juridical policy regulated by the Code of Civil Procedure. The preoccupation for respecting the law of constituting, functioning and arbitral solving the law of such cases, appears to be stronger than the same preoccupation from the civil arbitral procedure; due to the fact any dissatisfied party can contest its given decision at the Bucharest Court of Appeal. De lege ferenda, the regulation of the ROAR/ORDA arbitration should be corrected improved by the setting up of a Court right to impose a stamp duty in case there cannot be reached any agreement concerning the fee amount. At the same time, the term "appeal" should be replaced by "notice of appeal" in the legal provision referring to contesting of the ROAR/ORDA arbitral decision at the Bucharest Court of Appeal. The legislators also stipulate de lege ferenda the arbitrators' right to impose a fee in the parties when this cannot be established by mutual agreement.

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