Acta Universitatis Danubius. Juridica, Vol 3, No 1 (2007)

Abstract

In Romania, justice is achieved through the courts established by law. The patrimonial litigations appeared between the judicial persons may settle on the path of arbitration only if the parties expressly foresee this manner at the arbitrary convention. For such agreement to be valid the persons should have full capacity to exercise and the litigations should not be within the stage of which law does not allow the conclusion of a transaction. The arbitrary Convention with its forms - compromised clause and the compromise - ending in written form, has an effect only on parties who have concluded it, and it helps to establish territorial and materials jurisdiction. Where it appears a conflict of competence between a court and an arbitral tribunal, it will be settled by the hierarchically higher court than the ones in conflict.