Revocarea, recuzarea și înlocuirea arbitrilor
Arbitration Challenge Proceedings

Summary/Abstract: Arbitral challenge proceedings have become a common sight in modern international arbitration being an efficient and common mechanism of assuring the impartiality of the tribunal arbitral, where the mechanism that ensures the establishment of the tribunal fails to obtain the aforementioned scope. The ever increasing role of the challenge proceedings in international arbitration has made some of the principal arbitration institutions to review their traditional practice of keeping the decisions made on the challenge request secret. This article has the scope of analysing the Romanian national legal framework on international arbitration in order to assess the efficiency of the challenge procedure and also whether it is modern in light of the standard imposed by the UNCITRAL Model Law. To this end, we shall present and analyse the challenge proceedings and also the principal challenge criteria in order to show the advantages and disadvantages that the national legal framework presents.

• Details
• Contents