Principiile aplicabile în arbitrajul comercial internaţional [Articol]

Abstract

Arbitration, although it is an alternative way of justice of a private nature, must ensure a series of guarantees related to the universal right to a fair trial. Comparative law denotes that national laws require arbitration to be guided by the same principles that are applicable in the process of resolving cases by courts, with some exceptions that are determined by the specific nature of arbitration. Failure to comply with these principles is sanctioned by the setting aside of the arbitral award or by the refusal to recognize and enforce a foreign arbitral award. As judicial practice of the Republic of Moldova demonstrates, the courts often, invoking the violation of the public policy (fundamental principles of the legislation), in fact, proceed to the censoring of the arbitral tribunal decision on the merits of the case, that that goes against the generally recognized principles of international commercial arbitration.