CONSIDERATIONS OF SETTLEMENT OF THE EXEMPTION OF NON-CONFIDENTIALITY RELATING TO ARBITRATION JUDGMENTS
CONSIDERATIONS OF SETTLEMENT OF THE EXEMPTION OF NON-CONFIDENTIALITY RELATING TO ARBITRATION JUDGMENTS

Summary/Abstract: The study presents an insight into the history of arbitration from antiquity and the Middle Ages to the present, leading to the evolution of commercial arbitration litigation. We present the secular contribution of the arbitration institution to the development of private justice in Romania, taking into account the context in which it has developed or is currently being developed. We emphasize the correlation between the Romanian normative provisions, the treaties, the international agreements and the settlement of the arbitral cases having as main, contractual, the will of the parties in the case. We consider the argumentation, motivation and interpretation of the exceptions of unconstitutionality to be important in the current Romanian legal context, which leads to the observance of the principle of unity and compulsory force of the application of the constitutional provisions. We present in this article the way in which judicial precedents are used when there is no clear provision of normative regulation. We propose: Establishment of a public institution for the consolidation of private justice in Romania and amendments to the provisions of the fundamental law on the unconstitutional exception

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