Acţiune în anulare a hotărârii arbitrale. Limitele de care Curtea de Apel este ţinută în analiza aspectelor ce pot fi invocate în această cale de atac

Action for annulment of the arbitral award. The limits to which the Court of Appeal is bound in its analysis of the issues that may be raised in this challenge

Abstract

By regulating the judicial procedure of the action for annulment of the award rendered by the arbitral tribunal, the Code of Civil Procedure strictly sets out the cases and conditions under which such an action may be admitted, with the consequence of annulling the award rendered by the arbitral tribunal. The judicial review governed by the conditions contained in Article 608of the Code of Civil Procedure is a review of legality, which may take place in expressly regulated cases, not allowing the Court of Appeal to review the merits of the award rendered by the arbitral tribunal. This is precisely because the parties, on the basis of their consent, have opted for a private...