CEU eTD Collection (2010); Dan, Gabriela Rebeca: Setting aside of arbitral awards on the ground of public policy in the practice of Romania

CEU Electronic Theses and Dissertations, 2010
Author Dan, Gabriela Rebeca
Title Setting aside of arbitral awards on the ground of public policy in the practice of Romania
Summary There is no international convention on setting aside of arbitral awards, however the public policy ground is common to most legislations and it is provided by the Romanian law as well. The present paper assesses the Romanian courts’ interpretation of the concept of public policy in this context.
The case law analysis reflects the fact that even though parties tend to misuse this ground by often invoking arguments pertaining to the merits of the case, courts have reinforced the principle that it is only when the arbitral award in itself breaches public policy, public morals or mandatory legal provisions that the award can be set aside.
Supervisor Várady, Tibor
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2010/dan_gabriela.pdf

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