Action for annulment of the arbitral award. The limits to which the Court of Appeal is bound in its analysis of the issues that may be raised in this challenge

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

By regulating the judicial procedure of the action for annulment of the award rendered by the arbitral tribunal, the Code of Civil Procedure strictly sets out the cases and conditions under which such an action may be admitted, with the consequence of annulling the award rendered by the arbitral tribunal. The judicial review governed by the conditions contained in Article 608 of the Code of Civil Procedure is a review of legality, which may take place in expressly regulated cases, not allowing the Court of Appeal to review the merits of the award rendered by the arbitral tribunal. This is precisely because the parties, on the basis of their consent, have opted for a private alternative system for settling disputes concerning rights over which they have the capacity to dispose.

Thus, the action for annulment of the arbitral award is not a genuine appeal against the decision of the arbitral tribunal. As the literature and specialist practice have consistently stated, an action for annulment is a restrictive means of challenge, which can be exercised only in circumstances which allow a limited analysis of the award challenged in this way.