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 following ...

As follows from the definition of a company, in contractual terms, a company is constituted by the conclusion, by two or more persons, of a contract (memorandum of association) which must meet all the substantive requirements for the validity of a legal act: consent, capacity, object and cause.

The board of directors and the managers of the company, for the companies managed in the unitary system, or the supervisory board and the manager, in the case of the companies managed in the dualist system, are organs of the stock company which, even though lack legal personality, hold the totality of management prerogatives of the company. They are characterized by the doctrine as collegial management organs of the stock company, ex...