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Arbitration settlement of disputes concerning administrative contracts in Romania

Author

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  • Catalin-Silviu Sararu

    (Department of Law, Bucharest University of Economic Studies, Romania)

Abstract

The present study aims to analyze the conditions under which arbitration may be used in the administrative contracts provided by the Civil Code and the legislation on public procurement and concessions. In the administrative law doctrine, the provision on the possibility to resort to arbitration in litigation regarding the administrative contracts is often expressed, because the competent administrative court and, on the other hand, the arbitration is a specific institution of commercial law, where the parties are in a position of legal equality. In our opinion, in relation to the positive law provisions previously analyzed, we consider that it is no longer possible to deny the possibility of inserting, under the law, the arbitrary arbitration clauses in litigations concerning administrative contracts.

Suggested Citation

  • Catalin-Silviu Sararu, 2018. "Arbitration settlement of disputes concerning administrative contracts in Romania," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(Special), pages 223-227, October.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:special:p:223-227
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    More about this item

    Keywords

    arbitration; administrative contracts; public procurement; public concessions; administrative law.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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