Enforcement In Romania Of Awards Set-Aside At Their Seat

The Question

The question of enforcing arbitral awards which had been subject to set-aside proceedings at their seat is long-standing in academic debate¹ and it continues to be of acute practical importance.

Yet, and despite the unusual uniformity of legislative drafting on this topic, which we owe to the geographical pervasiveness of the New York Convention, judicial responses in various jurisdictions have been spanning from one end to the other of the spectrum of possibilities.

Here, we briefly test-run some recent judicial practice against the particulars of the Romanian legal system, in the hope of assisting practitioners in tackling the issue in an intelligible manner if and when the matter reaches the courts.