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Universul Juridic magazin

Certain aspects regarding the enforcement and the setting aside of the arbitral award

From the point of view of the legal nature of the action for annulment, we are in the presence of a judicial review, which is carried out by way of an action, in the first court and in the court of last resort, since the court order delivered in relation to the action for annulment is only susceptible of second appeal. The grounds of the action for annulment are expressly and exhaustively provided by art. 608 of the NCCP, so that they shall be strictly interpreted and cannot be extended by analogy. They aim, in general, the regularity conditions of the arbitral award in relation to their apprehension concretized under the arbitration agreement and expressly determined grounds of illegality, and not grounds aiming at the facts and the evidence produced or, more synthetically, the thoroughness of the arbitral award. According to art. 614 of the NCCP, the arbitral award shall be executed willingly by the party against which it was ruled, at once or within the deadline indicated in its content. If the debtor does not willingly execute the arbitral award, the creditor may appeal to the enforcement. In a case where an action for annulment is exercised against the arbitral award rendered enforceable, its simple bringing doses not result in the suspension of the enforcement. Nevertheless, the court of appeal shall be able to suspend the execution of the arbitral award against which the action for annulment was brought.