Arbitraj cu elemente de extraneitate. Acţiune în anulare hotărâre arbitrală. Renunţare la calea de atac. Dispoziţii legale aplicabile

Abstract

Foreign elements arbitration. Action for annulment of an arbitration award. Waiver of remedy at law. Applicable legal provisions

If, through the arbitration clause, the parties have submitted the dispute before the Arbitration Rules of the Chamber of Commerce and Industry of Paris also setting the Romanian law as the law applicable to the Contract, the provisions of the Romanian Code of Civil Procedure relating to arbitration become applicable.

Therefore, even though according to art. 28 par. (6) of the CCI Paris the arbitration awards are binding and final, considering that the parties have waived their right to any remedy at law against such resolutions by the mere acquiescence to these rules, Art. 364¹ of the Code of Civil Procedure- applying in this case - stipulates that the parties cannot waive, through the arbitration agreement, the right to...