Principles of law applicable to the arbitration proceedings

Diana Loredana Hogas ()
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Diana Loredana Hogas: „Alexandru Ioan Cuza” University of Iasi

Juridical Tribune - Review of Comparative and International Law, 2014, vol. 4, issue 2, 128-145

Abstract: The essential characteristics of the arbitration are its private nature, voluntary and confidential, which at first glance may give the impression of an institution less "endowed" with strict rules of substantive and procedural law. Parties are free to choose or even to develop rules that may constitute into an arbitration proceeding, compulsory for the parties and arbitrators, respected and applied by them. This contractual freedom of parties is protected, but also limited by a number of principles of law which the legislator deems essential to a right judgment, either in court or in arbitration. The study objectives are the following: to identify the principles of law applicable to the arbitral procedure and their implementation. To achieve those objectives it is used the method of analysis and synthesis, the comparative method, the historical-legal method, the sociological method, the dialectical method and the systematic method. Combining theoretical and practical issues, the work will be of great use to the research, higher education, but not least, and to the practitioners.

Keywords: principles of law, arbitration, arbitral proceedings; Romanian Code of Civil Procedure, international conventions. (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2014
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