Permit reglementările legale actuale arbitrajul obligatoriu?
Do the current local legal regulations allow mandatory arbitration?

Summary/Abstract: In the conception of the new and old Code of Civil Procedure, the arbitration is essentially voluntary or conventional, as it is based on the agreement of the parties and it is organized at the request of the parties. There is no provision in the general procedural law to regulate another form of arbitration derogating from voluntary or conventional arbitration. Even some special regulations that have been interpreted as introducing compulsory arbitration in certain areas are in reality also based on voluntary arbitration and on the agreement of the parties, in relation to the same code of civil procedure. In this article, we propose an analysis of the current legal and administrative regulations in relation to which compulsory arbitration would seem to be an incident, as well as the real legal connotations of such regulations.

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