Analiză comparativă, prin raportare la riscurile creditorilor, între punerea în executare a hotărârilor judecătoreşti executorii, nedefinitive, şi punerea în executare a hotărârilor arbitrale
Comparative analysis, by reference to the creditors’ risks, between enforcement of the non final enforceable judgments and the enforcement of arbitral awards

Summary/Abstract: The creditor’s option to enforce or not a non-final enforceable judgment is not likely to affect its right to obtain enforcement, in terms of limitation of the right to obtain enforcement, since according to art. 706 para. (2) of the Code of civil procedure, as regards judgments, the limitation period shall begin to run from the date they remain final. Compared to the situation of enforcement of an enforceable judgment not being final, we find that the arbitral award notified to parties is final and likely to be enforced, as resulting from Article 615 of the Code of civil procedure setting forth that the arbitral award represents a writ of execution and is enforced just as a judgment. Therefore, by reference to Article 606 of the Code of civil procedure, the arbitral award shall become final upon its communication, and the limitation period of the right to obtain enforcement starts to run, in virtue of Article 706 para. (2) of the Code of civil procedure, even if the action for annulment was filed against the respective arbitral award.

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