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HCCJ. Action for the annulment of arbitral decision

The High Court of Cassation and Justice has ruled that whenever an action for the annulment of an arbitral decision has been submitted for trial after the new Code of civil procedure had entered into force, the competence to pronounce a decision is established by the provisions of the new Code of civil procedure, even though the arbitral decision was pronounced before its entering into force. In this case, the High Court has stated that an arbitral sentence being pronounced according to an arbitral procedure, does not necessarily mean that the lawsuit in front of the court had begun before the new Code of civil procedure has entered into force, but, on the contrary, it is governed by the provisions of the new Code of civil procedure, because it is an independent action. As a result, in accordance with the provisions of art. 610 of the new Code of civil procedure, the High Court has settled the Court of Appeal near the place where the arbitral procedure took place to be competent to pronounce a decision in an annulment action. (Decision no. 1594 of the 27th of March 2014 pronounced by the Section of Contentious Administrative Matters of the High Court of Cassation and Justice covering an action for the annulment of arbitral decision)

:: The Source: JURIDICE.ro

Alexandra-Adriana DOBRIȘAN

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