A simple and effective way of solving commercial disputes
Arbitration is an alternative dispute resolution, especially those patrimonial arising between professionals, except those relating to marital status, ability of individuals, inheritance debate, family relations and rights which individuals may not have. Disputes are entrusted for settlement, under the convention of the parties, referees chosen by the parties, persons who have the task to settle the dispute and issue a judgment, which the parties undertake to execute.
Inserting an arbitration clause into a civil contract or conclusion of an arbitration agreement entitles the interest party, in the event of a dispute, to ask its settlement by ARBITRATION, thus jurisdiction of the courts is excluded.
The Court of Commercial Arbitration of Chamber of Commerce and Industry Suceava organizes, at the request of interested, institutional arbitration for settling civil internal and international litigation.
The Institution of Arbitration was introduced by Law no. 59/1993, which amended the Civil Procedure Code from 1948 repealed, today being governed by Book IV, art. 541-621 of the New Code of Civil Procedure, adopted by Law no. 134/2010, which came into force on 02.15.2013, where it is included the regulations that relate to the competence of the Arbitral Tribunal, its organization and operation, including court proceedings used by this court of alternative jurisdiction.
Parties should provide in their contracts an agreement, i.e. an accord called arbitration clause by which it will be stipulated that any disputes will arise in the contract, to be judged by the Court of Arbitration of the Chamber of Commerce and Industry Suceava. Such a clause may be concluded after perfecting contracts, i.e. during their progress, by addendum.
On the list of arbitrators of the Chamber of Commerce and Industry Suceava, there are high professional specialists, lawyers, legal advisers, judges, where, according to art. 555 and the following of the New Code of Civil Procedure, the parties may choose their arbitrator to be tried, i.e. each side can choose its own arbitrator and those two arbitrators choose the presiding arbitrator, not to reach a tie during the trial and Arbitration sentencing.
Arbitration fees are lower than in the courts by 50%.
A dispute inferred to the Court of Commercial Arbitration is heard within 6 months expeditiously, unlike courts, where using the three levels of jurisdiction, namely: Law Court, Tribunal and Court of Appeal or Tribunal, Court of Appeal and the Supreme Court sometimes reaches 1 to 3 years of judgment, especially when the court of judicial control quashes with reference a certain sentence of a lower court.
The folder under trial in the Commercial Arbitration is confidential, only parties of the litigation have access to it. Civil trials are not public.
Also, a dispute judged by the Arbitral Tribunal does not have the character of debates solemnity from a courtroom of common law processes, so the parties argue in a relaxed, collegial way, the pros and cons regarding the case.
Besides the undisputed competence of arbitrators from the list of CCI Suceava, the arbitration court does not judge in the day scheduled for debate, only one or two cases, while the first common law instance judges in a meeting dozens of folders.
Execution of arbitration award may be made willingly by the party against whom it was pronounced, and if it is not executed so, this law is enforceable in accordance with art. 615 of the New Code of Civil Procedure and can be enforced as any judgment.
The arbitration award may be revoked by an action for annulment, and only for some reasons not related to substance of the dispute, but rather for certain procedural exceptions inserted in art. 608, lit. a-i of the New Code of Civil Procedure.
The common word in legal language, namely celerity, comes from both French word celerite and from Latin word celeritas which means swiftness or rapidity.
The importance of quick civil litigation, should not be demonstrated anymore, because it is evident that currency depreciation brings a great harm to those societies that lack the uncollected funds for goods supplied or services rendered.
Acting borrowers in the ordinary courts where there are three levels of jurisdiction, with legal expenses they involve using the appeal – appeal or recourse – the processes can last sometimes years, then even if you won the case, the amount granted can be sometimes 50% from initial value. Of course the interested party may ask, during the trial process, to update claims with corresponding stamping values, the procedure is very burdensome and not always accepted by all courts.
But if the parties of a contract accept the arbitration clause, the Arbitral Tribunal indeed resolve the dispute with celerity, better said quickly, which may not be the case at trial courts wherefores.
A dispute inferred to be tried by the Arbitral Tribunal will be solved in a maximum of 6 months, in most cases this term being 2-3 months, all parts of the process are satisfied with the sentences pronounced by the Arbitral Tribunal.
Book IV of the New Code of Civil Procedure, namely art.541-607, does not provide anywhere that processes to be decided by Arbitration Court of the Chambers of Commerce, must be judged with provided advertising for judging processes at other courts of law.
Hence the natural conclusion is that processes which will be judged by Arbitral Courts constituted under the legal texts of the Code of Civil Procedure are not public, they can be attended only by parties of the process or their authorized representatives.
The secret of discussions or more precisely, their confidentiality is an advantage for economic agents, numbers that are discussed about, the situation in fact of concerned companies as well as their situation in law are not made public at the Arbitration Court. At the courts of common law, all discussions are public and either opponents or competitors of one part of the process can collect and retain all the information they need, can consult the archives including court folder and can listen to the advocate during the process.
From here in theory a number of inconveniences may result for some operators, aspects that do not appear in processes judged in Arbitration Courts of Chambers of Commerce, where the confidentiality is respect, both in terms of inspection of the files related to the cases judged by special courts and during the debates, attended only by authorized representatives of the parties.