Între instanța de drept comun și arbitraj în cazul statului și al autorităților publice
State and public authorities: choosing between litigation and arbitration

Summary/Abstract: This study presents the evolution of the Romanian legislation regarding the arbitration institution in case one party is the state, a public authority or other public legal entity. After a brief overview of the concept the paper deals with the conditions for resolution through arbitration of the disputes in which one party is a legal person governed by public law, the evolution of the Romanian legislation concerning the “arbitrability” vs. “non-arbitrability” of the disputes in which one party is a person governed by public law and the current regulation around the institution of arbitration. As long as the jurisdiction over the settlement of disputes arising from unilateral administrative acts belongs exclusively to the national courts and the possibility of setting up an arbitral tribunal arises only in case of administrative contracts, we consider that the use of arbitration does not lead to the violation any democratic principles, on the contrary, it is the expression of a well functioning free and democratic society.

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