Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Romania
As to the timing of any jurisdictional objection, the parties must plead jurisdictional matters before any pleading on the merits. However, in international arbitration, tribunals may decide to rule on jurisdictional matters together with the final award on the merits.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
4.2
Can a tribunal rule on its own jurisdiction?
 
Romania
As regards both international arbitration and domestic arbitration, the principle of competence-competence applies and tribunals rule on their own jurisdiction. The tribunal’s discretion to rule on its own jurisdiction is retained even if identical disputes are pending before the courts or other arbitral tribunals, and the tribunal may decide to assume or decline jurisdiction or stay proceedings, if deemed necessary.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Romania
The arbitration agreement excludes the jurisdiction of the courts over disputes to which it refers. Therefore, unless the judicial authority vested with the question decides that the arbitration agreement itself is void, the courts will decline jurisdiction in favour of arbitration.

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