Acţiune în anularea unei hotărâri arbitrale străine. Legea procesuală aplicabilă

Action for annulment of a foreign arbitration award. The applicable procedural law

Abstract

In case of a foreign arbitration award, the rules of procedure, also in respect of the remedies, are those of the chosen arbitration court, respectively of the law of civil procedure in the country where the arbitration award was ruled.

Thus, if the seat of arbitration was not in Romania, the jurisdiction of settlement of the action for annulment of the arbitration award shall not fall within the Romanian courts, but within the courts in the country where the award was ruled.

Consequently, since the provisions of the Romanian Code of civil procedure are not applicable in this situation, the action for annulment of the foreign arbitration award, examined from the point of view of this code, is inadmissible, as the admissibility of this action may be examined only in the country and according to the legislation applicable...