Abstract
The Convention has been subject to only modest criticism in Romania, with scholars highlighting some key weakness relating to the uniform interpretation of certain Convention provisions. These stem from a felt need to better facilitate the transnational circulation of international arbitral awards. Scholars have advocated, among other things, the modification or elimination of the Article V(1)(a) of the Convention on grounds that the validity of the arbitration agreement should be challenged at the outset of arbitral proceedings, not at the recognition and enforcement phase.
Radu Bogdan Bobei sits as arbitrator under various rules of arbitration and also acts as counsel on matters concerning European private international law. Dr. Bobei is lecturer on commercial contracts at the University of Bucharest, Faculty of Law, and on International Dispute Resolution at the Danube University Krems, Department for European Integration and Business Law (Austria). Dr Bobei is also member of UNIDROIT a Governing Council; Dr Bobei acted as full member of UNCITRAL Working Group II (Arbitration and Conciliation) in 2013–2015.
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Notes
- 1.
Official Bulletin no.19/24 July 1961.
- 2.
The new Romanian Civil Procedure Code entered into force on February 15, 2013.
- 3.
Arbitral Award no. 177/2006 Romanian Arbitration Journal, (2007) 2 at 51–52.
- 4.
This Article provides that the version of Arbitration Rules in force at the date of rendering the arbitral award (and released by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania) control.
- 5.
For similar reasoning, see Arbitral Award no. 16/2006, Romanian Arbitration Journal, (2008) 4 at 42–43.
- 6.
Unpublished.
- 7.
This is the date on which Romanian Government Ordinance of Urgency no.34/2006 (regarding the assignment of contracts related to: public acquisitions, public works concessions; public service concessions) entered into force.
- 8.
Romanian Ordinance of Urgency no.34/2006. As well, secondary legal provisions were released to make Romanian Government Ordinance no.54/2006 (related to concession contracts for public property assets) applicable.
- 9.
In force starting since October, 1, 2011.
- 10.
Octavian CĂPĂȚÂNĂ, ‘International circuit of arbitral awards (III)’, (1998) 2 Commercial Law Journal 13.
- 11.
Decree no.281/1963, (June 1963) Official Bulletin no.12/25.
- 12.
Specifically, under Articles 9(1) (a), (b), (c) or (d) of Geneva Convention (1961).
- 13.
Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House, Bucharest 2005) 170.
- 14.
Octavian CĂPĂȚÂNĂ, ‘International circuit of arbitral awards (III)’, (1998) 2 Commercial Law Journal 11.
- 15.
Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House, Bucharest 2005) 163.
- 16.
For instance, the notice – released in order to permit for the party to present its case – did not contain all the details necessary for identification of the legal and official address of the party. See Arbitral Award no. 1351/24 (October 2002) Bucharest Court of Appeal, Sixth Commercial Division. As well, see Arbitral Award no.934/28 (December 1998) Bucharest Court of Appeal, Commercial division. Both awards are mentioned in Ion BĂCANU, Judicial control of the arbitral award, (Lumina Lex Publishing House, Bucharest 2005) 77, footnotes no. 138-139.
- 17.
See Arbitral Award no.3.142/3 (November 2000) Bucharest Court of Appeal, Commercial Division in Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House, Bucharest 2005) 83, footnote no. 150.
- 18.
Arbitral Award no.47/2 (February 2005), (2009) 1 Romanian Arbitration Journal, 69-70.
- 19.
Arbitral Award no.319/29 January 1999, (2000) 11 Commercial Law Journal 200.
- 20.
Arbitral Award no.157/31 May 2001, (2000) 11 Commercial Law Journal 166.
- 21.
Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 45.
- 22.
For example, Articles 541(2) (dealing with arbitration generally) and 608(1) (h) (dealing with set asides) of the Romanian Civil Procedure Code.
- 23.
For example, Articles 1.124 and 1.096 (a)–(b) of the Romanian Civil Procedure Code.
- 24.
The date the new Romanian Code of private law entered into force.
- 25.
Until the New Romanian Civil Procedure Code and the Romanian Code of private law entered into force.
- 26.
Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 95.
- 27.
Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 99.
- 28.
Article 575(2) of Romanian Civil Procedure Code is relevant with regard the principles constituting the core of procedural public policy.
- 29.
Arbitral Award no.116/28 January 2003, Bucharest Court of Appeal, Sixth Commercial Division, (2003) 10 Romanian Business Law Journal 60. Such award was confirmed by the former Romanian Supreme Court, Commercial Division, award no.4.393/13 November 2003, as pointed out by Ion BÄ‚CANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 100, footnote no.185.
- 30.
Ion BĂCANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 101, footnotes no.187–188 which deals with Bucharest Court of Appeal, Commercial Division, award no.895/15 April 1999, as confirmed by Romanian former Supreme Court, Commercial Division, award no.2941/1 June 2000.
- 31.
Ioan FILIP, Octavian CĂPĂȚÂNĂ, ‘The effects of the foreign arbitral awards involving international trade relations. Romanian perspective’, (1967) 1–2 Romanian Journal of international studies, 111, 114.
- 32.
Ioan FILIP, Octavian CĂPĂȚÂNĂ, ‘The effects of the foreign arbitral awards involving international trade relations. Romanian perspective’, (1967) 1–2 Romanian Journal of international studies, 112. As well, see Ion BĂCANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 165–166.
- 33.
Ioan FILIP, Octavian CĂPĂȚÂNĂ, ‘The effects of the foreign arbitral awards involving international trade relations. Romanian perspective’, (1967) 1–2 Romanian Journal of international studies, 112. As well, see Ion BĂCANU, Judicial control of the arbitral award, (Lumina Lex Publishing House Bucharest 2005) 165–166.
- 34.
Ioan FILIP, Octavian CĂPĂȚÂNĂ, ‘The effects of the foreign arbitral awards involving international trade relations. Romanian perspective’, (1967) 1-2 Romanian Journal of international studies,111-115.
- 35.
Ioan FILIP, Octavian CĂPĂȚÂNĂ, ‘The effects of the foreign arbitral awards involving international trade relations. Romanian perspective’, (1967) 1–2 Romanian Journal of international studies, 113.
- 36.
The author refers here mainly to Contracting States under the Convention.
REFERENCES
R B Bobei, Commercial Arbitration. Elementary Handbook on Scholarly Pragmatism (C. H. Beck Publishing House, Bucharest, 2014);
R B Bobei, Domestic and International Arbitration. Texts. Commentaries. Mentalities (C. H. Beck Publishing House, Bucharest, 2013);
R B Bobei, Characterization and conflict of characterization in private international law (All Beck Publishing House, Bucharest, 2005).
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Bobei, R.B. (2017). Interpretation and Application of the New York Convention in Romania. In: Bermann, G. (eds) Recognition and Enforcement of Foreign Arbitral Awards. Ius Comparatum - Global Studies in Comparative Law, vol 23. Springer, Cham. https://doi.org/10.1007/978-3-319-50915-0_32
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