THE INTERNATIONAL ARBITRATION PROCESS. THE ROMANIAN CIVIL PROCEDURE CODE VERSUS INTERNATIONAL CONVENTIONS
THE INTERNATIONAL ARBITRATION PROCESS. THE ROMANIAN CIVIL PROCEDURE CODE VERSUS INTERNATIONAL CONVENTIONS

Summary/Abstract: The Romanian legislature regulated the international arbitration process in Book VII (“The International Arbitration Process”), Title IV (“International Arbitration and the Effects of Foreign Arbitral Awards"), on the assumption that the international arbitration litigation is a variant of the international civil trial. Chapter I of Title IV, referred to above, was exclusively devoted to the international arbitration process. In the chapter entitled “The International Arbitration Process”, the Romanian legislature regulated issues such as: the classification of the international arbitration litigation; the scope of the Romanian law; the arbitrability of the dispute; the formal and substantive conditions of the validity of the arbitration agreement; the establishment of the arbitral court; the establishment of the arbitration procedure; provisional and conservative measures; the jurisdiction of the arbitral court; the law applicable to the dispute; the arbitral award. Most of the rules that the legislature set in the international arbitration process are found in international arbitration conventions, conventions to which Romania is a party and which have the merit of promoting the settlement of disputes through arbitration and of facilitating the implementation of arbitral awards.

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