Conduct of the arbitral proceedings

Abstract

The Romanian Code of Civil Procedure defines arbitration as being an alternative private jurisdiction. This paper is outlining the particulars of the procedural rules that confer the arbitration the character of a swift, effective and proficient procedure, better suited for the solution of disputes the traders. The paper examines the applicable procedural rules, the jurisdiction issues, the review of the arbitral file and the carrying out of the hearings, and the solution of various procedural incidents (joinder of third parties, interim measures, and preliminary issues). Although the applicable procedural rules are established by the parties, or by the permanent bodies that organize the arbitration, it is essential that, for their validity, those rules do not contravene the public policy and imperative norms.