Despre validitatea și caracterul operant al clauzelor compromisorii încheiate de stat, autorități publice și alte persoane juridice de drept public, în contextul noului cod de procedură civilă și al legislației speciale aplicabile

Abstract

This study analyzes the validity and the effec-tiveness of the arbitration clauses concluded by the state, public authorities and other public legal entities, in particular, in the context of the legislation in force.However, the frst part of the study approaches the main aspects of the controversy, in the context of multiple legislative amendments as of the entry into force of the new Code of Civil Procedure and the amendments brought to the Government Ordinance no. 34/2006 by Law no. 193/2003.This approach has a practical importance also in light of the fact that, during the following period, within most arbitration disputes that shall be initiated the new legislative provisions shall not be applicable for many situations from the perspective of the law enforcement in time because the moment when the arbitration clause was concluded was prior to the entry into force of the new Code of Civil Procedure and the latest amendments from 2013.