Conduct of the arbitral proceedings Cover Image

Conduct of the arbitral proceedings
Conduct of the arbitral proceedings

Author(s): Ioan Schiau
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: Procedural Rules; Jurisdiction; Hearings; Interim Measures; Preliminary Issues;

Summary/Abstract: The Romanian Code of Civil Procedure defines the arbitration as being an alternative private jurisdiction. This paper is outlining the particulars of the procedural rules that confer the arbitration the character of a swift, effective and proficient procedure, better suited for the solution of disputes of the traders. The paper examines the applicable procedural rules, the jurisdiction issues, the review of the arbitral file and the carrying out of the hearings, the solution of various procedural incidents (joinder of third parties, interim measures, and preliminary issues). Although the applicable procedural rules are established by the parties, or by the permanent bodies that organize the arbitration, it is essential that, for their validity, those rules do not contravene the public policy and imperative norms.

  • Issue Year: 11/2018
  • Issue No: 2-Suppl
  • Page Range: 177-187
  • Page Count: 11
  • Language: English