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Comparative View On The Role Of Domestic Courts In Arbitration: The Romanian Law Versus The Uncitral Model Law

Author

Listed:
  • CrenguÈ›a Leaua

    (Faculty of Law, Bucharest University of Economic Studies, Romania)

  • Ingrid A. Müller

    (Doctoral School of Law, Bucharest University of Economic Studies, Romania)

  • Sofia Cozac

    (Doctoral School of Law, Bucharest University of Economic Studies, Romania)

Abstract

This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral procedure. Thus, we will see that – although, in abstracto, the differences between the international pursuit and the national approach can be important and are caused both by objective factors like national specificity, and by subjective factors like judicial internationalism - the Romanian legislation is in congruence with the UNCITRAL Model Law, despite the fact that it was not implemented per se in the Romanian legislation. Also, counterintuitively considering that arbitration is, by definition, an alternative to state courts, it will become evident that the role of domestic courts in arbitration, albeit limited by the applicable norms or by the parties’ choices, is potentially decisive for certain administrative matters or pertaining to the course of the arbitral procedure, as well as essential when it comes to the setting aside of an arbitral award.

Suggested Citation

  • CrenguÈ›a Leaua & Ingrid A. Müller & Sofia Cozac, 2020. "Comparative View On The Role Of Domestic Courts In Arbitration: The Romanian Law Versus The Uncitral Model Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(2), pages 224-234, December.
    • Handle: RePEc:sja:journl:v:9:y:2020:i:2:p:224-234
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    References listed on IDEAS

    as
    1. Cristina-Elena Popa Tache, 2020. "Introduction to International Investment Law," Books, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), edition 1, number 13.
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    More about this item

    Keywords

    UNCITRAL model law; the role of domestic courts in arbitration; Romanian Code of Civil Procedure; soft law.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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