COMPARATIVE VIEW ON THE ROLE OF DOMESTIC COURTS IN ARBITRATION: THE ROMANIAN LAW VERSUS THE UNCITRAL MODEL LAW

Crenguța Leaua (), Ingrid A. Müller () and Sofia Cozac ()
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Crenguța Leaua: Faculty of Law, Bucharest University of Economic Studies, Romania
Ingrid A. Müller: Doctoral School of Law, Bucharest University of Economic Studies, Romania
Sofia Cozac: Doctoral School of Law, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2020, vol. 9, issue 2, 224-234

Abstract: This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral procedure. Thus, we will see that – although, in abstracto, the differences between the international pursuit and the national approach can be important and are caused both by objective factors like national specificity, and by subjective factors like judicial internationalism - the Romanian legislation is in congruence with the UNCITRAL Model Law, despite the fact that it was not implemented per se in the Romanian legislation. Also, counterintuitively considering that arbitration is, by definition, an alternative to state courts, it will become evident that the role of domestic courts in arbitration, albeit limited by the applicable norms or by the parties’ choices, is potentially decisive for certain administrative matters or pertaining to the course of the arbitral procedure, as well as essential when it comes to the setting aside of an arbitral award.

Keywords: UNCITRAL model law; the role of domestic courts in arbitration; Romanian Code of Civil Procedure; soft law. (search for similar items in EconPapers)
JEL-codes: K15 K33 K39 K49 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:9:y:2020:i:2:p:224-234

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