ADJUSTMENT, COMPLETION AND CLARIFICATION OF ARBITRAL DECISION Cover Image

ADJUSTMENT, COMPLETION AND CLARIFICATION OF ARBITRAL DECISION
ADJUSTMENT, COMPLETION AND CLARIFICATION OF ARBITRAL DECISION

Author(s): Carmen Pălăcean
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Hamangiu S.R.L.
Keywords: Commercial arbitration; arbitration decision; adjustment and completion of arbitral decision; Rules of Arbitration; Ad-hoc arbitration; Institutional arbitration

Summary/Abstract: Under the provisions of the Civil Procedure Code, Article 362, paragraphs 1 and 3, if by the resolution passed, the arbitral court omitted to make a ruling on a count, each of the parties can require the completion of the ruling. Errors or omissions concerning the name, status, and contentions of the parties, or calculation errors, as well as any other material errors from the arbitral rulings or from conclusions can be put right ex officio or at the request of any of the parties involved. Should there arise the necessity of clarifications regarding the meaning, extent and bringing into force of the enacting terms of the arbitral sentence or should the latter contain adverse orders, any of the parties can require the arbitral court to clarify the enacting terms or to remove the adverse orders.

  • Issue Year: 2010
  • Issue No: IX
  • Page Range: 156-165
  • Page Count: 9
  • Language: English