Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: 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

Answer ... In the Romanian legislation, the arbitral tribunal has the role of verifying its own competence, during the first hearing. Yet, the parties may also raise an objection to the jurisdiction of the tribunal when the matter is brought before a regular court, usually before any defense on the merits.

Also, a party may raise an objection to the jurisdiction of the tribunal after an award was rendered, by means of setting aside the tribunal award.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
Romania

Answer ... Yes. According to Article 579 of the RCPC for domestic arbitration and 1119 of the RCPC for international arbitration, the tribunal has the competence to rule on its jurisdiction.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
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

Answer ... Article 554 of the RCPC states that if a dispute for which exists an arbitration agreement has been brought before a regular court, said court can verify and rule on its competence only if one of the parties makes such a request.

Also, the RCPC provides that if there is a conflict on competence between a regular court and an arbitral tribunal, the conflict shall be solved by the regular court which is superior to that within the conflict.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
Contributors
Topic
International Arbitration