Incidente procedurale privind alcătuirea tribunalului arbitral
Procedural incident regarding the composition of the arbitral tribunal

Summary/Abstract: The incidents regarding the arbitration are within the jurisdiction of the courts, more precisely the court of the district in which the arbitration takes place.The attributions of the courts in the field of private arbitration, consist in removing the obstacles that would arise in organizing and conducting the arbitration, especially in relation to the constitution of the arbitral tribunal (appointment of the arbitrator, replacement and recusal).In the case of institutional arbitration, its autonomy vis-à-vis the courts is highlighted by removing the possible blockages when appointing the arbitrators or setting up the arbitral tribunal, since the appointing authority provided for in the rules of the respective institution is competent.The Code of Civil Procedure states that all the attributions that fall to the court regarding the possible incidents regarding the arbitrators, are exercised by the arbitration institution, according to its regulation, except if it provides otherwise.

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