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...

The article is aimed to analyse, through the eyes of a practitioner, the mechanism and legal effects of hardship, a legal concept which was for the first time explicitly regulated under the Romanian law by the new Civil code, which became effective as of October 2011. One particular pragmatic objective of the author was to outline the potential practical issues which may arise due to the large variety of possible situations, correlated...

This present article is intended to make a comparative analysis between a special mitigating circumstance which was introduced in 2010 in the Competition Law no. 21/1996, republished, with further amendments, and other legal institutions available both at the level of the national legislation in the competition field as well as the level of the European legislation in the context of the establishment of the sanction by the competition ...