Arbitrabilitatea litigiilor în materia societăţilor comerciale. Aspecte corelative de drept material şi procesual

avocat dr. Sebastian BODU, MBA

ABSTRACT

The arbitrability of the corporate litigations is, in principle, possible, especially after passing the new Civil Procedure Code (Article 542), which eliminated the condition of the pecuniary nature of the dispute. Norm of Article 63 of Companies Law no. 31/1990 does not establish an exclusive competence of the courts of law but a material and territorial one within their general competence. In addition, Article 132paragraph (2) and following of the same law regulates procedural issues that do not exclude arbitration, but which are part of his commercial nature, characterized by the confidentiality of the debates, celerity and erga omnes publicity of the decision. The company’s participation in statutory corporate litigation is not an argument against arbitrage, and the company’s right, plaintiff or defendant, is part of the rights that...