A reflex of any modern Nation’s wishing to express themselves as a stroke of its socio-economic development is the institutionalization of some legal rules which orders social relationships. This ordination must provide the strength of the social security harmony, the safety that produces the...

If arbitration is to be regarded as a swift dispute resolution instrument, then the difference between the state courts procedure and the arbitral procedure must reside, primarily, in a more effective and speedier way of taking evidence, since taking evidence is the most time consuming of all...

The research aims to clarify the issues regarding the admissibility of the presiding judge's order in contentious-administrative litigations. As we know, the public administration activity is governed by the principle of legality. According to this principle, public authorities operate within...

There are two major systems of administrative appeals – mandatory and optional. The first one, adopted by the large majority of legal systems (among which the German, Austrian and Dutch ones) precludes an action to a court in the absence of a prior administrative appeal. The second one...

According to the New Code of Civil Procedure, the first appeal represents the general common procedure for attacking a first instance judgment. The second appeal represent an extraordinary procedure for attacking a first appeal judgment but also, in some particular cases a first instance...

While producing an enforceable award is the main goal of an international arbitration, time and cost efficiency are, also, leading requirements, since the parties are entitled to find out, without delay and at appropriate costs, if and when they may plan on the financial resources that are...

Ladislau Vajda (1780 - 1834), is the descendent of a family that came from the Old Kingdom in Transylvania. He graduated Philosophy and Law at Cluj, and worked there as a public servant. Beginning with 1817 he was a Professor of Criminal Law at Cluj. His writings are considered a sequel of the...

Traditionally, the arbitrability of the competiton issues was subject of controversy in doctrine. Thus, in the opinion of majority, the confidentiality of the arbitration proceedings was considered inappropriate in what regards solving competition problems, given the fact that the economic...

The civil action is, in principle, governed by the law of civil procedure as a way of formulation in the court the plaintiff's claims against defendant in the contentious proceedings. The civil law contains a set of rules which governing the forms of civil action, without claiming penetration of...

The domain of alternative trade dispute resolution provides a wide field of mechanisms and procedures designed to facilitate the optimal dispute resolution in a creative and effective way, without the intervention of courts, by using a rich range of procedures. All extra-judicial means of...