POSSIBLE EFFECTS ON THE ARBITRATION AGREEMENT DETERMINED BY THE ANTICIPATED NON-PAYMENT OF THE COSTS ORDERED BY THE ARBITRATION TRIBUNAL TO THE PARTIES

Ximena Moldovan
Additional contact information
Ximena Moldovan: Lawyer, Assistant, PhD. "Petru Maior" University of Tirgu Mures, Faculty of Economics, Law and Administrative Sciences, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2018, vol. 72, 184-191

Abstract: Particular to the alternative private jurisdiction represented by the arbitration, is the fact that the litigant parties, in accordance to the arbitration agreement can establish derogatory provisions from the common law, in determined conditions. The start of the arbitration procedure, gives the right to the arbitration tribunal, without creating a previous imperative condition in its charge, to force the parties, or each one of these, to pay any expenses needed for the organizationd and deployment of the arbitration. If the parties don`t respect the tribunal`s order, the arbitration tribunal can refuse to solve the arbitration case, until the parties will deposit or will pay on advance the costs, the provisions of the Civil procedure code not making a mention about the concrete method of the settlement of the litigation “delaying” or about the maximum period in which the arbitration litigation file can be delayed. The question that rises is if a state of passivity of the parties, in relation to the orders given by the arbitration tribunal and relative to the provisions of the arbitration agreement, cannot be considered a tacit common motion to withdraw to this alternative jurisdiction?

Keywords: arbitration procedure; agreement; arbitration tribunal; anticipated payment; motion to withdraw. (search for similar items in EconPapers)
JEL-codes: K49 (search for similar items in EconPapers)
Date: 2018
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.upm.ro/facultati_departamente/ea/RePEc/ ... /recjurid181_14F.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:72:y:2018:p:184-191

Access Statistics for this article

More articles in Curentul Juridic, The Juridical Current, Le Courant Juridique from Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation Contact information at EDIRC.
Bibliographic data for series maintained by Bogdan Voaidas ( this e-mail address is bad, please contact ).