48. Excluderea competenței instanței judecătorești de a soluționa un litigiu legat de executarea unui contract de achiziție publică în care s-a inserat o clauză compromisorie. Valabilitatea clauzei compromisorii
48. Exclusion of the jurisdiction of the court to settle a dispute related to the performance of a public procurement contract in which an arbitration clause was inserted. Validity of the arbitration clause

Summary/Abstract: The validity of the arbitration clause inserted in the contract entered into between the parties shall be assessed by reference to the substantive rules of law applicable upon conclusion of the contract, namely those included in the G.E.O. no. 34/2006, the version applicable on 3 May 2012. In relation to this issue, the principle of freedom of contract is applicable, so that the parties are free to conclude such clauses, except the cases in which such an interdiction is expressly provided in a legal rule. The provisions of art. 286 para. (1) of the G.E.O. no. 34/2006 show an exclusive jurisdiction to settle disputes related to the performance of public procurement contracts by the courts as this rule only establishes the court having jurisdiction to settle such disputes. The rule shall include no reference to the issue of arbitration, and therefore, no interdiction of concluding arbitration clauses in the case of public procurement contracts may be deducted from this rule. Moreover, there is no other provision included in the G.E.O. no. 34/2006 setting forth the interdiction of concluding such arbitration clauses.

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