Recunoaşterea şi executarea hotărârilor arbitrale străine în România

Av. drd. Eugen SÂRBU

Av. Mihai IONESCU-BALEA

ABSTRACT

This article provides a detailed analysis of the procedure of recognition and enforcement (exequatur) of foreign commercial arbitral awards in Romania. In Section I, the analysis starts with the determination of the conditions for the recognition and enforcement of a foreign arbitral award in Romania, based on the applicable legislation, i.e. the 1958 New York Convention and Art. 1124-1133 of the Code of Civil Procedure. Then, on the basis of the theoretical benchmarks, each of the conditions for the exequatur of foreign arbitral awards are briefly analyzed, with emphasis on the practical application of the legal conditions, with reference to doctrinal and case law benchmarks. Section II presents a pragmatic analysis of the steps necessary for the recognition and enforcement of a foreign arbitral award in Romania, from the perspective of the person initiating the...