5. Arbitraj. Desemnarea arbitrilor. Regulile procedurale aplicabile la data introducerii cererii de arbitrare. Nerespectarea principiilor autonomiei de voinţă şi disponibilităţii. Consecinţe
5. Arbitration. Appointment of arbitrators. Procedural rules applicable on the date of filing for arbitration. Failure to comply with the principles of autonomy of will and availability. Consequences

Summary/Abstract: Fundamental change in the rules for appointing the arbitrators (i.e. loss of the right of parties to appoint arbitrators further) subsequent to the conclusion of the arbitral agreement does not trigger the application of the new arbitral procedure rules to the extent they conflict with the will of those who have established dispute resolution under the arbitration rules in force at the time the agreement was concluded by the arbitrators invested by the parties, because the new rules cannot alter the will of the parties and can neither distort its content. Whereas, at the time of concluding the contract, the arbitral procedure rules in force stipulated the possibility for the parties to establish their own arbitral tribunal, the appointment of arbitrators by the parties is the sole criterion corresponding to the principle of autonomy of their will, and the appointment of arbitrators by the Appointing Authority, according to the new arbitral procedure rules applicable at the date of the request for arbitration, is not consistent with the will of those who are parties in a dispute.

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