ROMANIA 5

02 - 12 - 2009

ROMANIA 5

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction Romania
Summary

Romania 5. SC I.E. SA v. C.E.E.R.E.S. BV, Supreme Court of Romania, Second Civil Chamber, No. 3181, 2 December 2009

Related topics
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
ROMANIA 5