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A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

 

Abstract

This paper presents the evolution of Romanian arbitration, proving its effort and orientation

towards efficiency in order to meet the users’ needs and to adapt to the challenges of a changing

world.

In the seventeenth and eighteenth centuries, when the whole of Europe was struggling with the

legislative activity imposed by the breaking of the old feudal tradition and the demand to meet the

needs that were born with the revolutions and changes dictated by them, in our country, Caragea

Code entered into force regulating also arbitration, taking over from the Donici Handbook and the

Calimach Code. The latter, however, was considered superior to Caragea's legislation and applied for

nearly 50 years.

It followed the Unification of the Principalities and the adoption of the 1865 Civil Procedure

Code with the arbitration regulated in the Fourth Book, which lasted until 1993, when arbitration

was given a revival and ample regulation aligned with contemporary legislation.

During the communist era there was an institution adapted to the new socialist principles for

settling foreign trade disputes, the State Arbitration. This contributed keeping alive of the

Commercial Code which was not abrogated, for it continued to use commercial law and its principles

when Romanian law was to apply.

The last significant change occurred with the entry into force of the current Civil Procedure

Code in 2013, which harmonized the Romanian arbitration legislation with the most evolved trends.

As culmination of the latest changes to meet the demand of placing Romania on the current

international arbitration map as a suitable place to conduct a modern arbitration process tailored to

trends, and to promote a sustainable arbitral system for the future, the Court of International

Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania recently

adopted new Rules of arbitration developed from good practices and international rules in the field.

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Volume VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria