Despre posibilitatea tribunalelor arbitrale de a adresa întrebări preliminare Curții de Justiție a Uniunii Europene - ipoteza României prin raportare la ultimele tendințe
On the Possibility of Arbitral Tribunals to Ask Preliminary Questions to the Court of Justice of the European Union - the Hypothesis of Romania by Reference to the Latest Trends

Author(s): Maria-Magdalena Cardiş
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: arbitral tribunals; preliminary rulings; “courts or tribunals of a Member-State”; Romanian arbitral tribunals.
Summary/Abstract: At a national and international level, the arbitral tribunals are acknowledged and accepted as being judicial bodies having a similar activity with the one of a national court or tribunal. In spite of this, at the level of the European Union, these are not seen as being very similar, given their conventional nature. At first, the point of view of the CJEU was that an arbitral tribunal cannot be seen as a ‘court or tribunal of a Member State’, today the rule seems to also know some exceptions in several specific cases. In this manner, it can be observed that in a few situations an arbitral tribunal has been considered as being a ‘court’, as for in other situations this quality has been denied. In the present context, the CJUE analyses in deciding whether an arbitral tribunal can make a referral for a preliminary ruling, among other factors, the domestic law of the Member Sate of the specific arbitral tribunal. Taking into consideration the provisions of Art. 146, d) of the Romanian Constitution, it would be interesting to see if a request for a preliminary ruling coming from a Romanian arbitral tribunal would be solved by the CJEU, or it would be rejected, for the arbitral tribunals are not “courts or tribunals of a Member-State”.

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