The Arbitration Clause. Aspects of Comparative Law

Abstract

In the matter of contracts, the Civil Code regulates, in article 1169 the freedom to enter into a contract by stating that the „parties are free to enter into any contracts and to determine the content of those contracts, within the limits stated by law, public order and morals”. As a result, the parties are free to reach an understanding regarding the way in which they will create, change, execute, or terminate a legal act, within the limits stated above. This is achieved by writing in the contract the so-called arbitration clause. However, we must state that this procedure does not restrict free access to justice; it offers the parties another possibility of solving a potential conflict thus ensuring a closer connection between man and justice, by facilitating free access to several types of manifestation in human society.