Romania's court of sports arbitration: establishment, competences, organization and functioning *.

The International Sports Law JournalNbr. 2006, January 2006

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Summary


PAPERS - Court of Arbitration for Sport

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Romania's court of sports arbitration: establishment, competences, organization and functioning *.

Introduction

Arbitration is not a novelty in Romania. Modern judicial institutions began the process of their establishment and development from the 19th century onwards and this process was eased by the political and social regime as it emerged under the Organic Standing Order. (1) In 1865, the rules concerning ad-hoc private law arbitration were amended in Book 4 of the Code of Civil Procedure (Arts. 340-371). Of this amendment, 18 provisions were inspired by the civil procedural law of the Canton of Geneva dating from 1819, 5 provisions derived from French civil procedural law as it was laid down in 1842, and 8 were based on relevant general principles. (2)

This amendment of private law arbitration remained largely unchanged, despite minor modifications in 1900 and in following years, and even in the 1948 provisions of the Code, up until the year 1993. However, between 1948 and 1990 the amendment was never applied to domestic issues, but only to cases i...

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