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Parallel between the "small reform" law procedure and the arbitration procedure. Practical influences on business environment

Cezar Hincu ()
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Cezar Hincu: Judge at the Court of Appeal Suceava

Juridical Tribune (Tribuna Juridica), 2011, vol. 1, issue 1, 177-187

Abstract: The financial blockings determined by the economical crisis in the last years bounded the business environment, through pressures on the legislature and regulations of own associative institutions (commerce chambers), to claim practical measures leading to more rapid and less expensive completion of commercial litigations. Within the period 2010-2011, these were carried out by adopting the Law 202/2010 and by the New Rules of Arbitral Procedure of International Commercial Arbitration Court of CCIR. The changes of the arbitration norms aim at the simplification of the procedure, but the essential ones – the possibility to attack with action in annulment the conclusions for arbitration adjourn or the agreement of some temporary measures leading to hastening the causes resolutions, are inapplicable, because they are not linked to rigid stipulations of the new CPC. The changes of Law 202/2010 aim at reducing the litigations resolutions (summoning procedure, term changing, causes postponing). Also, the possibility of cassation with sending to rejudgement is limited. The changes in the interest of the business environment consist of introduction the mediation, as previous procedure. The normative act specifies adjourning the prescription term during mediation, the right of the judge to fine the parties not present at mediation, after accepting it.

Keywords: the business environment; reform; norms of arbitration; mediation (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2011
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