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Annulment Of The Arbitration Award

Author

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  • Roxana Maria ROBA

    (Assistant Professor, Phd, "Petru Maior" University of Tg. Mures, ROMANIA.)

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.

Suggested Citation

  • Roxana Maria ROBA, 2015. "Annulment Of The Arbitration Award," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 60, pages 158-175, March.
  • Handle: RePEc:pmu:cjurid:v:60:y:2015:p:158-175
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj15/recjurid151_13F.pdf
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    More about this item

    Keywords

    arbitration award; action for annulment; arbitral tribunal; procedure; means of appealing.;

    JEL classification:

    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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