Forma scrisă/nescrisă a convenţiei arbitrale. Dispoziţiile art. 7 din Legea Model UNCITRAL
The Written/Unwritten Form of the Arbitration Agreement. The Provisions of Art. 7 of UNCITRAL Model Law

Summary/Abstract: Arbitration is a form of private justice, in which the settlement of disputes is not subject to the common law courts. Arbitration is the institution through which arbitrators – individuals appointed by the parties –, solve the disputes which they have been entrusted by the parties’ agreement. Thus, the parties empower one or more individuals to resolve a legal dispute, not referring that dispute to the jurisdiction of the courts.Unlike courts, arbitration requires the prior consent of the parties, expressed in an agreement or an arbitration clause included in the main contract. As a result, while the applicant’s right to file the case derives from the law in case of arbitration, in the case of arbitration the arbitration request is based on the parties’ will.

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