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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Romania
The arbitration award can be challenged on the following grounds:

  • The dispute was not arbitrable;
  • The tribunal decided the dispute in the absence of an arbitration agreement or on the basis of a void or inoperative agreement;
  • The tribunal was not constituted according to the arbitration agreement;
  • The party challenging the award was absent from the hearing on the merits and the summoning procedure was not legally fulfilled;
  • The decision was rendered after the expiry of the agreed timeframe although termination had been invoked by one of the parties and there was no agreement between the parties for continuation of the arbitration;
  • The tribunal decided on matters not requested or awarded more than was requested;
  • The award does not include the reasons, does not state the date and place of the award, or has not been signed by the arbitrators;
  • The award is in violation of public policy, good morals or mandatory provisions of the law; or
  • After the award was rendered, the Constitutional Court has rendered a decision on an unconstitutionality objection raised in the arbitration, declaring unconstitutional the law which formed the subject of the objection. (In this situation, the timeframe for challenging the award is three months from publication of the Constitutional Court decision in the Romanian Official Journal). If an action for annulment is filed, on request only, the court can suspend enforcement of the award pending a decision on the annulment action. Suspension of enforcement may be conditioned on the posting of adequate security.
For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Romania
The arbitration award can be challenged within one month before the Court of Appeal.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Romania
Parties cannot waive their right to challenge the award in the arbitration agreement. Such right can be waived by a party only after the award has been rendered.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)