Câteva observaţii asupra recursului în materia hotărârilor arbitrale

Judecător Cezar Hîncu

Some observations on the appeal in the matter of arbitration awards

Abstract

The new Code of civil procedure provided [art. 613 para. (4)] that the mean of appeal may be exercised only against the decisions of the court of appeal under which the action for annulment was admitted against an arbitration award. The provision does not contribute to the increase of the speed of the trial, since the arbitration award may be enforced even if it is contested by an action for annulment (Article 635 of the new Code of civil procedure). The appeal against the decision rejecting the action for annulment, being under the jurisdiction of the High Court of Cassation and Justice, shall be submitted to the filtering procedure.

Art. 495 of the new Code of civil procedure does not allow the invocation and the questioning of the plea of non compliance with the constitution in relation to art. 613 para. (4).

Thus, only the...