The arbitrability of the corporate litigations is, in principle, possible, especially after passing the new Civil Procedure Code (Article 542), which eliminated the condition of the pecuniary nature of the dispute. Norm of Article 63 of Companies Law no. 31/1990 does not establish an exclusive competence of the courts of law but a material and territorial one within their general competence. In addition, Article 132 paragraph (2) and fol...

[F]or whom do we motivate the arbitral awards? To explain to the claimant why he won? To explain to the respondent why he lost? To protect the arbitral award against the risk of being annulled or not being enforced, by considering the mentality of the judges in front of which it will be brought? To create doctrine of private international law or international commercial law? To write good legal literature, with which to be associated o...

On January 11, 2018 – through the entry into force of the Government Decision no. 1/2018 – Arbitration is reintroduced as a way of settling disputes in national contracts (known as Fidic Red and Fidic Yellow), and this normative act removes the Dispute Settlement Committee. Also as a novelty, the arbitration will be settled in accordance with the Rules of the International Commercial Arbitration Court attached to the Chamber of Commerce ...

One of the fundamental questions for the international commercial arbitration practice, at least in the most renowned European arbitration centres, is to what extent the international arbitrators have a duty to acknowledge an imperative, public law-based character of the European competition rules.Certainly, the question may prompt a variety of approaches – theoretical, empirical, targeted or holistic, in a global or exclusively Eu...

The purpose of this paper is to identify and investigate the current status of arbitral institutions’ and arbitration courts’ authority to sanction violations of unethical lawyers in cases of conflicts of interest. The parties have a fundamental right to choose their lawyer and also an independent and impartial tribunal, therefore the power source of the arbitral tribunal to exclude/disqualify a lawyer requires clarifications, since late...

The objective arbitrability of the cases in which the defendant is a company undergoing insolvency proceedings must be analyzed, on the one hand, from the perspective of the stay of proceedings provided by Article 75 of the Insolvency Law, and on the other hand, considering the scope of the bankruptcy judge’s jurisdiction, in conjunction with the interpretation given to Article 3 para. (1) of the EU Insolvency Regulation. Conclusions.

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the eighth of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with whic...

The article presents the issues that the current Code of Civil Procedure clarifies with regard to certain doctrinal and arbitral jurisprudence controversies, as well as the way of implementing some solutions of arbitral practice at the legislative level. Keywor...