THE ARBITRAL CONVENTION. SOME FRAMEWORKS OF ANALYSIS

Arbitration – alternative jurisdiction with private law features, presents varied advantages in comparison with state jurisdiction. The parties and the Court of Arbitration can establish procedure rules which are derogatory from common law, provided that they are according to public order and imperative provisions. There have been many opinions expressed with regard to the subject of the arbitral convention and its juridical nature. As a result of our research, we propose some frameworks of analysis concerning the arbitral convention, aiming to point out all the aspects that this kind of private justice entails. On account of the arbitral convention, all parties who wish to solve their conflict in conditions of swiftness, fairness and equipoise may resort to arbitration. The results of our research could prove interesting to: practitioners in the field of arbitration, advocates, legal advisers, professors, students, masters’ students, PhD students, practitioners in the field of business.