ro fr
universul juridic magazin
Revista Română de Drept Privat

Issues relating to the international arbitration in the settlement of the new Code of Civil Procedure

The arbitration is a “private alternative jurisdiction” (art. 541 par. 1 of the Code of Civil Procedure). The new Code of Civil Procedure governing arbitration in Book IV (About arbitration) and in Book VII, Title IV (International Arbitration and the effects of foreign arbitration awards). The old Code of Civil Procedure did not distinguish between regulation of domestic and international arbitration, formally establishing common rules to the two distinct types of arbitration and covering only particular aspects of international arbitration. In the new Code of Civil Procedure each of the two categories of arbitration has its own rules. In both cases, the general principles of settlement of disputes are similar. The Romanian legislator did not regulate the international arbitration in Book IV (About arbitration), but in Book VII (The international civil trial), on the premise that the international arbitration is a way for the international civil trial, since the dispute has extraneous elements.