Action for annulment. Arbitration. Grounds

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

If, during the arbitration proceedings, the arbitral tribunal disregards public policy, good morals or mandatory provisions of law, the sanction of setting aside the arbitral award by means of an action for annulment is applicable. This action is a means of judicial review of the arbitral award, with two clearly defined objectives: compliance of the arbitral award with the arbitration agreement and compliance with the fundamental principles of arbitral procedure.

According to the provisions of art. 608 letter h of the Civil Procedure Code "The arbitral award may be set aside only by an action for annulment on one of the following grounds: it violates public order, morality or mandatory provisions of the law;"

Violation of these limits of the voluntary nature of arbitration is assessed by the court on the basis of the grounds for bringing the action, the evidence adduced and the applicable legal provisions.