Consideraţii asupra opozabilităţii clauzei compromisorii inserate într-un contract de navlosire
Considerations on the opposability of the arbitral clause inserted in a charter party

Summary/Abstract: The solution of the High Court of Cassation and Justice can be criticized as it re-examined the factual situation already investigated by the foreign court, according to the principle of the place of jurisdiction, in order to determine lex loci contractus in a litigation concerning the execution of obligations deriving from a commercial contract of mandate with onerous character. Due to this fact the principle of the intangibility of the foreign award was infringed, principle applied in other awards of the same court and re-affirmed by art. 38 par. 3 of Law no. 197/2003, which does not allow the Romanian court to censor the assumption of competence made by the EU member state court, but for three exceptions: in matters of insurances, consumer protection and exclusive competence. The solution is controversial also from the point of view of the extension of the effects of an arbitral clause on a third party that acted exclusively as an agent in the conclusion of a charter party, party which also appointed in the preamble to the contract the principal for whom and on whose behalf they understand to conclude the contract.

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