Forţa juridică a hotărârilor arbitrale

Mai multe detalii Forţa juridică a hotărârilor arbitrale

Forţa juridică a hotărârilor arbitrale este un volum care reuneşte importante contribuţii ale universitarilor şi practicienilor români şi străini.

Volumul a fost iniţiat ca urmare a conferinţei pe aceeaşi tema organizată de Societatea de Ştiinte Juridice în anul 2011 şi are studii dedicate arbitrajului comercial în contextul dreptului Uniunii Europene, analiza reglementărilor arbitrale în dreptul comparat (Grecia şi Brazilia), problemele jurisprudenţiale ale recunoaşterii şi executării hotărârilor arbitrale străine în România, dar şi punerea în executare a unei hotărâri de către un creditor român în străinătate, micşorarea onorariilor avocaţiale în arbitraj, organizarea instanţei arbitrale, măsurile provizorii în arbitrajul internaţional precum şi soluţionarea problemelor legate de locul arbitrajului.

 

Volumul a fost coordonat de: Profesor univ. dr. Mihai Şandru şi dr. Andrei Săvescu

Cuprinsul cărţii Forţa juridică a hotărârilor arbitrale

Mihai Sandru, Evelina Oprina, Discuţii privind posi­bi­litatea anulării hotărârii arbitrale de către instanţa de executare. Notă la hotărârea Asturcom (cauza C- 40/08) în contextul legislaţiei române / 9

Martin Ebers, De la Océano la Asturcom: dispoziţii imperative de dreptul consumatorilor, aplicare din oficiu a dreptului Uniunii Europene şi autoritatea de lucru judecat / 44

Alina Oprea, Cauza Asturcom şi rolul judecătorului naţional în materie de clauze de arbitraj abuzive introduse în contractele de consum / 86

Luminiţa Popa, Iuliana Iacob, Enforceability of Provisional Measures in International Commercial Arbitration / 104

Maria S. Tzavela, The binding nature of the arbitral award (res judicata) under Greek Law  / 139

Crenguţa Leaua, Relaţia dintre locul arbitrajului şi calificarea unei hotărâri arbitrale ca fiind naţională sau străină / 144

Kyriaki Noussia, Arbitration in Brazil: A Critical Overview / 160

Cornel Marian, Sustainable Investment through Effective Resolution of Investment Disputes – Is Transparency the Answer? / 184

Andrei Săvescu, Consideraţii cu privire la micşorarea onorariilor avocaţiale în arbitraj / 208

Cristina Florescu, Dezînvestirea instanţei arbitrale / 2260

Alina Cobuz Bagnaru, Investirea şi punerea în executare a unei hotărâri arbitrale de către un creditor român, în străinătate / 242

Ciprian Donţu, Cristina Alexe, Propunerile de modificare a Regulamentului (CE) nr. 44/2001 în materia arbitrajului  / 252

Paul Popovici, Jurământul martorilor în procedura arbitrajului comercial  / 278

Sandra Dinescu, Recunoaşterea şi executarea hotărârilor arbitrale străine  / 289

Concluzii / 337

Despre autori / 339


* * *

Mihai Sandru, Evelina Oprina, Debates upon the Possibility of Annulment of Arbitration Award by the Court of Enforcement. Note on Judgment Asturcom (Case C- 40/08) from the Point of View of Romanian Legislation / 9

Martin Ebers, From Océano to Asturcom: Mandatory Consumer Law, Ex Officio Application of European Union Law and Res Judicata / 44

Alina Oprea, The Asturcom case and the national judge’s role regarding unfair arbitration clauses inserted within consumer contracts / 86

Luminiţa Popa, Iuliana Iacob, Enforceability of Provisional Measures in International Commercial Arbitration / 104

Maria S. Tzavela, The binding nature of the arbitral award (res judicata) under Greek Law  / 139

Crenguţa Leaua, The role of the seat of arbitration in defining the national or international nature of an arbitral award  / 144

Kyriaki Noussia, Arbitration in Brazil: A Critical Overview / 160

Cornel Marian, Sustainable Investment through Effective Resolution of Investment Disputes—Is Transparency the Answer? / 184

Andrei Săvescu, Decreasing the attorney’s fees by arbitrators / 208

Cristina Florescu, Disempowering of Arbitral Tribunal / 226

Alina Cobuz Bagnaru, Declaration of Enforcement and Execution of an Arbitral Decision by a Romanian Creditor, Abroad / 242

Ciprian Donţu, Cristina Alexe, Revision proposals for the Council Regulation (EC) no. 44/2001 concerning arbitration / 252

Paul Popovici, Oath of witnesses in commercial arbitration proceedings / 278

Sandra Dinescu, The Recognition and Enforcement of Foreign Arbitral Awards According to Romanian Law / 289

Conclusion  / 337

About authors  / 339

 

Despre autor

Daniel Mihail Sandru (Coordonator)

Cercetător ştiinţific gr. II, Institutul de Cercetări Juridice al Academiei Române, Coordonator - Centrul de Studii de Drept European

Prof. univ. dr. - Universitatea Creştină "Dimitrie Cantemir", Bucureşti

Arbitru - Curtea de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României

Redactor-şef - Revista Română de drept European, Wolters Kluwer Romania 

http://www.mihaisandru.ro/

Andrei Săvescu (Coordonator)

Is arbitrator at The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania and lecturer at Romanian-Amercian University of Bucharest.

Cristina Alexe

Holds a Degree in Law from the University of Bucharest and is admitted to the Bucharest Bar and to the Romanian Bar Association. 

She also holds a Ph. D. in Civil Procedure from the University of Bucharest, granted with the highest distinction summa cum laude. 

She is Managing Associate at Popovici Nitu & Asociatii - Attorneys at Law.

Martin Ebers

Is Senior Research Fellow at Humboldt University, Berlin.

He has written widely on aspects of EU private law, especially consumer law.

He has contributed to the work of the Research Group on the Existing EC Private Law (Acquis Group).

He is co-author of the EC Consumer Law Compendium (2008) and co-editor of the book European Perspectives on Producers’ Liability: Direct Producers’ Liability for Non-conformity and the Sellers’ Right of Redress (2009).

Alina Cobuz Bagnaru

Is a graduate of Faculty of Law, University of Bucharest, graduation year 1994.

Doctor in International Law with the paper entitled Ad-hoc arbitration under UNCITRAL rules.

Author of homonymous book Ad-hoc Arbitration under UNCITRAL Rules, published with Universul Juridic.

Master in Business Law in Luxembourg and Master in Business Law acquired in Bucharest University in collaboration with University of Sorbonne I – Paris.

Arbitrator in Bucharest Stock Exchange, Mediator, Attorney at Law within Bucharest Bar with an extended experience in international arbitration (over 80 files settled under the Rules of UNCITRAL, ICC, CAB, FIDIC ), member of IBA (International Bar Association- section of Business Law.

Sandra Dinescu

Is a lawyer and has her own commercial and administrative law practice.

Ms Dinescu is a lecturer at the National Lawyers Training Institute and is currently undertaking a PhD under the guidance of Professor Viorel Mihai Ciobanu with the Faculty of Law (University of Bucharest), where she also lectures on Civil Procedural Law.

Ms Dinescu trained as a pleading lawyer with a number of reputable practitioners and specialised in litigation and arbitration.

She holds an LLM from the Panthéon-Sorbonne University of Paris, where she read Patrimonial Law as a French Government Scholar.

Prior to commencing her career, she completed an internship with The Court of International Commercial Arbitration, attached to the Chamber of Commerce and Industry of Romania.

Ciprian Donţu

Holds a Degree in Law from the University of Bucharest and is member of the Bucharest Bar and to the Romanian Bar Association.

Ciprian Dontu is Head of the Litigation & Arbitration and Restructuring & Insolvency Practices at Popovici Nitu & Asociatii - Attorneys at Law.

Cristina Florescu

Is a lecturer at the Faculty of Law, Spiru Haret University, Bucharest, lawyer with her own commercial and arbitration law practice (Bucharest Bar) and also an arbitrator at the International Court of Commercial Arbitration (Chamber of Commerce and Industry of Romania).

She participates regularly as an international arbitrator (member of the jury) to W.C. Vis Moot, Vienna and FDI Moot.

She is a PhD graduate, with a doctoral thesis in the field of commercial arbitration published in Romania (Commercial arbitration. Arbitral agreement and tribunal, “Universul juridic” Publishing House).

Prior to her law carrier she graduated also the Bucharest University, Faculty of Mathematics, B.Sc. 1994, specializing in superior algebra.

She undertakes an internship training and research work at the ICC Court of Arbitration (International Court of Arbitration of International Chamber of Commerce) located at Paris in 2006.

Participant and speaker to numerous international and domestic conferences in arbitration and commercial law fields, also participation to scientific sessions and seminars/webinars organized by various institutions, law faculties, ICC, VIAC, ICC Young Arbitrators.

Publications in several specialized journals, reviews, collections of essays, books, courses in commercial law, mediation and arbitration field.

Iuliana Iacob

Is an Associate with Musat & Asociatii.

She concentrates her practice in the area of international commercial arbitration.

She is a member of the Bucharest Bar Association and enrolled in the post-graduate studies programme focused on South-East European Law and European Integration at Karl-Franzens-Universität Graz.

She obtained along with her team the first place at the 2007 Vienna Balkan Case Challenge moot court competition.

Crenguţa Leaua

Holds a Ph.D. from the Bucharest University Faculty of Law.

She is a university lecturer of Business Law at the Bucharest University of Economics.

Dr. Leaua practices as attorney at law, having experience in civil and commercial law and specializing in international commercial arbitration, acting as counsel in international arbitrations under the rules of the ICSID, ICC Paris, UNCITRAL and  WIPO.

Dr. Leaua is also acting as arbitrator, being a member of the panel of arbitrators of Romanian Court of International Commercial Arbitration, the panel of foreign arbitrators of the Bulgarian Court of International Court of Arbitration and Vienna Intenational Arbitration Center (VIAC) and of the WIPO list of neutrals for intellectual property disputes.

She also was appointed as arbitrator in cases under ICC Paris rules and under the rules of the Danish Institute of Arbitration, as well as in  ad hoc arbitrations.

She was a vice-president of the Romanian Court of International Commercial Arbitration  (2008-2012), a member of ICC Task Force on Criminal Law and Arbitration and of the IBA Subcommittee on Conflict of Interests in Arbitration.

Currently, Dr. Leaua is a member of ICC Paris Commission onArbitration and of the ICC Task Force for decisions on Costs in Arbitration.

She has written numerous publications and made numerous presentations in conferences on commercial law and international commercial arbitration.

Cornel Marian

Is an associate with Stockholm Arbitration & Litigation Center (SALC) Advokatbyrå in Stockholm (Sweden).

He has represented clients in SCC arbitrations and has considerable experience with ICSID, UNCITRAL and ICC proceedings.

He holds a Juris Doctor (JD) from the University of Iowa, while also having studied at New York University School of Law as a visiting student, and an LL.M. from Stockholm University.

Prior to law school, he served as a Fulbright Scholar to Romania.

He also holds a master’s degree in economics and a bachelor’s degree in international relations from Boston University.

Kyriaki Noussia

LLM, PhD is an attorney at Law member of the Athens Bar Association.

She has a boutique legal practice specialising in arbitration and in international commercial law.

Since 2010 she has been a part time lecturer at the University of Piraeus and the University of the Agean.

From 2007 to 2010 she has been a holder of the prestigious Alexander von Humboldt Research Fellow at the University of Hamburg Law Faculty and at the Max Planck Institute for Comparative and Private International Law.

Prior to that she held academic positions in the UK, the last one (2004-2007) at the Birmingham University Law School.

She completed her main legal studies in Greece ( Athens University Law School) and went on to study for an LLM and PhD in the UK.

Alina Oprea

Is teaching assistant at Babeș-Bolyai University, Cluj-Napoca (Faculty of Economics, Faculty of Law), disciplines Business Law, Private International Law, European Law.

She graduated UBB Cluj-Napoca’s Faculty of Law in 2003 and pursued her studies at Panthéon Assas University, obtaining a Master’s degree in Private International Law and International Commercial Law (2004).

She prepared her doctoral thesis - “European Union Law and Internationally Mandatory Rules” - under the supervision of Professor Bernard Audit and since March 2011 she holds a PhD from Panthéon Assas University.

She authored many studies in the field of private international law, one “Caiet de seminarii” in International commercial Law and one manual on Business Law (Dreptul afacerilor. Sinteze pentru studenţii economişti, 2011). 

[email protected] 

Evelina Oprina

Is currently a professor at “Dimitrie Cantemir” University, Faculty of Law and „Judicial Career” Master, having as field of interest civil procedure law and civil execution law.

She became a judge in 2004, currently president at the Civil Section of Ilfov Court.

She participated in drafting the law which implements the New Code of Civil Procedure.

Also, she is editor in chief of the Roumanian Journal of Enforcement, lecturer at the National Centre for Training and Retraining of Executors and associate scientific researcher at the Institute of Legal Researches of the Romanian Academy, Centre for European Legal Studies.

She published over the 30 articles, studies, notes and comments in various legal jorunals and she attended and held numerous national and international conferences. 

Luminiţa Popa

Is a Partner with Musat & Asociatii.

She has developed a broad legal expertise in international commercial arbitration and foreign investment protection, being involved in important multi-jurisdictional legal projects.

Ms. Popa holds a Diploma in International Commercial Arbitration (DiplCArb) from the Chartered Institute of Arbitrators and a Diploma in European Union Law from King’s College London.

She is a member of the Bucharest Bar Association and a Fellow of the Chartered Institute of Arbitrators (FCIArb).

Paul Popovici

Assistant Professor, “Dimitrie Cantemir”, Christian University, Cluj-Napoca Law Faculty.

Lawyer, Arad Bar.

Arbitrator, The Court of Arbitration attached to the Chamber of Commerce and Industry of Cluj County.

Author of professional works in law.

[email protected].

Maria Tzavela

(LL.M.) is Associate Lawyer at E. Fotopoulou Law Office, located in Athens, Greece, specialized in the areas of Civil Law, Corporate Law, Banking Law and Contracts.

Her dissertation was made on “Concession Agreements and Public and Private Partnerships (PPP’s) under Greek Law”.

Furthermore, Maria has been research fellow in the International Association of Sports Law.

For further information or any comments concerning the present paper, you can contact her directly in the following e – mail address: [email protected]