15. Specificul decăderii în procedura arbitrajului
15. Specifics of Revocation in Arbitration Proceedings

Summary/Abstract: Arbitration is an alternative jurisdiction to common law justice characterized by certain special rules. For example, according to art. 592 para. 1 of the Code of Civil Procedure, any exception regarding the existence and validity of the arbitration agreement, the constitution of the arbitral tribunal, the limits of the assignment of arbitrators and the conduct of the proceedings until the first trial term at which the party was lawfully summoned must be lifted, under penalty of forfeiture, at the latest on that deadline, unless a shorter time limit has been set. In a case settled before the Court of Arbitration attached to the Chamber of Commerce, Industry and Agriculture of Timiş, after the procedural moment of the first trial term, the defendant filed a request for recusal of the sole arbitrator appointed in the case. The request for recusal was legally and thoroughly rejected, being late.

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