The action for annulment appears to be the unique means of appealing that can be exercised against the arbitration award, similar in content and effects to the recourse against judgments, though being not a devolutive appeal. As the legal nature of this means of appeal is concerned, it is...

The scope of provisional measures is to protect the rights of the parties which may be prejudiced during the arbitral procedure. The risk that important evidence may be lost or that the goods subjected to litigation may be alienated, which would make the execution difficult is particularly high,...

The arbitration award is the act by which the arbitration procedure ends, having a double nature, contractual and jurisdictional. Defining the arbitration award is difficult as the international instruments and most regulations issued by the arbitral institutions do not contain such a...

A general rule of international trade arbitration is that all the parties have to prove their affirmations. Moreover, it is a consecrated right of the arbitral tribunal to ask for any other evidence in a determined period of time. The regulations referring to the administration of evidence...

The institution of the international commercial arbitration is continuously expanding, preferred by the majority of the business parteners worldwide as a way of resolving their ongoing issues. Although arbitration is characterized by flexibility, certain fundamental principles which ought to be...

This study is intended to analyze the conditions that a person has to fulfil in order to become an arbitrator in national and international arbitration. Both the requirements imposed by the international conventions regarding arbitration, by national legislations and the rules of the main...

Le manque d’une définition et d’une qualification légale de l’action en annulation a généré un ardent débat dans la littérature juridique de spécialité, jusqu’a présent n’en étant pas une opinion unitaire. La présente étude se propose d’analyser la manière dont les...

The guarantee for the secrecy of correspondence, as part of the right to respect for private and family life, has represented and still represents a constant issue for domestic and international law. Thus, on one hand, the amazing evolution of technology has created possibilities for breaking...

In a concise formula, lex mercatoria has been defined as being a category of international law, separate from any national legislation, and which stems from, and applies to international commercial transactions. Although the notion of lex mercatoria does not have a well-defined content it is...