The arbitral decision pronounced in ad-hoc domestic-law arbitration in the regulation of the New Romanian Code of Civil Procedure

• Author: Daniela Cristina Cret
• Position: Faculty of Law, Department of Private Law, 'Vasile Goldis' Western University of Arad, Arad, Romania
• Pages: 204-213

AGORA International Journal of Juridical Sciences, www .juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 204-213

204

THE ARBITRAL DECISION PRONOUNCED IN AD-HOC DOMESTIC-

LAW ARBITRATION IN THE REGULATION OF THE NEW

ROMANIAN CODE OF CIVIL PROCEDURE

D. C. Cre

Daniela Cristina Cre

Faculty of Law, Department of Private Law

“Vasile Goldi” Western University of Arad, Arad, Romania

*Correspondence: Daniela Cristina Cre, “Vasile Goldi” Western University of Arad, Bvd.

Revoluiei, nr. 94, Arad, Romania

E-mail:

danacristinacret@yahoo.com

Abstract

The need to relieve the Romanian judicial system from the large number of cases,

coupled with the assignment of specific prerogatives to certain people, bodies or institutions

regarding the settlement of certain disputes, has resulted in the extension of arbitration as a

significant way of settling litigations of a private nature.

This article presents some issues referring to arbitration in Romania, and then

analyze, from the perspective of the New Romanian Code of Civil Procedure, the features of a

settlement pronounced as a result of ad-hoc domestic-law arbitration, called arbitral decision,

stressing elements of novelty and essential changes brought to it.

Key words: litigation,

arbitral tribunal

, arbitral decision

Introduction

Arbitration is one of the alternative paths

1

made available to parties by both the old

and the New Romanian Code of Civil Procedure for the cessation of disputes between them.

In legal doctrine, arbitration has been defined as “a conventional jurisdiction of

private law for the settlement of certain litigations by one or several people, as part of a

procedure based on the autonomy of will of the parties and in compliance with public order,

mores and the imperative stipulations of the law”

2

.

In arbitral matters the settlement pronounced on the litigation between the parties

bears the name of arbitral decision.

1. General issues referring to arbitration and arbitral decision

The current regulation of arbitration is found in Book IV of the New Romanian Code

of Ci vil Procedure, which can be regarded as common law in arbitral matters. In addition to

1

For efficient arbitration, mediation and legal action in settling disputes, see C. . Georgia,

Despre mediere i arbitraj în societatea civil româneasc, in Fiat Iustitia, no. 1/2012, p. 94.

2

In the same vein, H. Motulsky, Écrits. Études et notes sur larbitrage, Dalloz Publishing

House, 1974, préface Goldman, Ph. Fouchard , apud I. Deleanu, Tratat de procedur civil,

vol. II, Universul Juridic Publishing House, Bucharest, 2013, p. 442, footnote no. 1; G. Mihai,

Arbitrajul internaional i efectele hotrârilor arbitrale strine, Universul Juridic Publishing

House, Bucharest, 2013, p. 33; for the definition of international arbitration in international

private law, see D. Berlingher, Drept internaional privat, Cordial Lex Publishing House,

Cluj-Napoca, 2012, p. 227.