Limitele controlului realizat în cadrul acţiunii în anulare a hotărârii arbitrale

dr. EMILIA MĂDULĂRESCU*

* e-mail: emiliamad69@yahoo.com

Cadru didactic asociat, lector univ. - Facultatea de Drept, Academia de Studii Economice Bucureşti

ABSTRACT

In the current period, characterized by an increased speed of processes and operations, arbitration, as an alternative way of resolving disputes, less expensive and more flexible, has become more and more used. Although the decision of the arbitration court is not completely excluded from the control exercised by the state through the courts, this verification is limited to a series of aspects regarding the legality of the arbitration decision, excluding the assessment of other elements, such as the way of interpreting the means of evidence. From a normative point of view, in the Romanian legal system, the rules regarding the contestation of an arbitration decision are concentrated in several provisions of the Civil Procedure Code, which we propose...