ANNULMENT OF THE ARBITRATION AWARD

Roxana Maria Roba
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Roxana Maria Roba: Assistant Professor, Phd, "Petru Maior" University of Tg. Mures, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2015, vol. 60, 158-175

Abstract: The action for annulment appears to be the unique means of appealing that can be exercised against the arbitration award, similar in content and effects to the recourse against judgments, though being not a devolutive appeal. As the legal nature of this means of appeal is concerned, it is determined by the conclusive feature of the arbitration award which is not likely to be appealed and may be put into force. Since in the common law procedure, such a decision can be challenged only by recourse, the action for annulment is a means of appeal having similar characteristics to the recourse, though with some peculiarities arising from the reasons which may be invoked in support thereof and, with the entire regulatory similarity they are not identical to the cases of annulment in the matter of recourse. This study aims to analyze the reasons for which the action for annulment of the arbitration award may be exercised in the Romanian law in the light of doctrine and jurisprudence.

Keywords: arbitration award; action for annulment; arbitral tribunal; procedure; means of appealing. (search for similar items in EconPapers)
JEL-codes: K49 (search for similar items in EconPapers)
Date: 2015
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Citations: View citations in EconPapers (1)

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