Hotărârea în procedura arbitrală
The Decision in the Arbitration Procedure

Summary/Abstract: The article analyzes the specificity of the decision that is adopted in the arbitration procedure. Arbitration is a private jurisdiction, which determines that in its administration, the litigating parties and the competent arbitral tribunal may establish rules of procedure derogating from the common law, provided that these rules are not contrary to public order and the imperative provisions of the law. The arbitration decision presents some particular aspects to the court decision, because it must necessarily mention the arbitration agreement under which the arbitration proceeded, and in the case of equity arbitration, the reasons underlying the solution. From the contents of the arbitration award, it follows that it has a structure identical to that of the court decision, respectively, an introductory part, the considerations and the device. The arbitral decision, a judicial act, produces, in principle, the same effects as a court decision. However, it has some peculiarities: it does not come from a public service of justice, but from an arbitral tribunal that often judges according to the rules set by the parties or even by itself. Being an act that comes from a body of private jurisdiction, the arbitral decision can be enforced by constraint only with the help of the state jurisdiction.

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