HOTÃRÂREA ARBITRALÃ ÎN REGLEMENTAREA NOULUI COD DE PROCEDURÃ CIVILÃ

The study below is consecrated to the new procedural regulations regarding the arbitral award. In the first part of the study the author specifies the decisive part of the autonomy of the will in establishing the rules applicable to the arbitration, especially to ad-hoc arbitration. The determination of all procedural rules by arbitrators, in case of ad hoc arbitration, is often difficult. That is why, on the side, respectively in so far as the parties have not established the applicable rules, and those enacted in Book IV of the new Civil Procedure Code are not covering, the author defends the necessity of the access to common law. An emphatic criticism shall be brought to the provisions of art. 594 paragraph 2 of the new Civil Procedure Code, the text requiring the exposure of the arbitral award, comprising provisions on the transfer of the ownership right or the granting of another real right to the law court or to the notary public in order to obtain, as the case may be, the vesting with the „writ of execution” or an „authentic notarial deed”. The author’s undertaking is focused on the arbitral award, on its content, as well as on the grounds legitimating the exercise of the action for annulment. He considers the action for annulment to be a specific procedural way of abrogating an arbitral award. Interesting considerations are formulated also in relation to the proposal of consecrating the remedy at law of the recourse against the judgment passed by the competent court of appeal. The solution is proposed in the Draft Law for the enforcement of the new Civil Procedure Code.