Answer ... An award can be set aside under the Romanian jurisdiction for the following reasons:

• the dispute was not arbitrable;
• the arbitral tribunal has solved the dispute in absence of an arbitration agreement or based on a void or inoperative arbitration agreement;
• the arbitral tribunal has not been appointed in accordance to the arbitration agreement;
• one of the parties was absent during the hearing when there were carried out debates and the summoning procedure was not legally fulfilled;
• the award was rendered after the arbitration term has expired, although at least one of the parties invoked the sunset of the agreement and the parties did not agree to continue the dispute;
• the arbitral tribunal decided on matters that were not subject to the dispute or offered more than what was requested by the parties;
• the arbitral award lacks the operative part of the judgement and the motivation, it does not present the date and place where it was rendered or it is not signed by the arbitrators;
• the arbitral award violates the public order, good behaviour rules or other mandatory legal provisions;
• if, after the award was rendered, the Constitutional Court decided upon the unconstitutional nature of a legal provision which was raised as an exception throughout the arbitration.

Answer ... Yes, the award can be challenged only within a month from when the award is communicated to the parties. For the last ground for challenging the award, the term is of 3 months from the day that the Constitutional Court Decision was brought to public knowledge.

Answer ... No, the parties may not give up on the right to challenge an award through the arbitration agreement. This right may be disposed of only after the arbitral award was rendered.