THE COMENCEMENT OF THE ARBITRAL PROCEEDINGS

Ioan SCHIAU

 The commencement of the arbitral proceedings is a complex and important phase of any arbitration, since establishes the main boundaries of the litigation process. The arbitration’s commencement requirements are extensively addressed by the procedural rules of the arbitration institution designated by the parties to organize the resolution of their dispute. Whenever the arbitration is not organized by an arbitration institution but by the parties themselves (Ad Hoc Arbitration) and neither the parties, nor the arbitral tribunal have established or opted for other procedural rules, Articles 571 – 575 of the Romanian Civil Procedure Code offer rules that are applicable to the commencement of the arbitration procedure; these rules are also applicable whenever the procedural rules of the designated arbitration institution are silent or do not provide otherwise. 

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