The international arbitration process according to national regulations - Raul Miron

The paper "International arbitration process according to national regulations" developed by Dr. Raul Miron is the result of his studies and research conducted in doctoral training, studies completed by defending the doctoral thesis in the summer of 2019.

This paper is a monograph of the arbitration process in the current phase of regulation and application in Romania, with a somewhat specific systematization of a reference manual in the field and thus offering the possibility of easy assimilation of this subject by those interested, especially by students. As far as practitioners are concerned, the monograph provides them with numerous points of support when they face issues related to arbitration, points of support represented by controversial issues, some pending including the level of arbitrators or judges involved in issues such as those concerning the action for annulment of an arbitral award, the execution of arbitral awards and their recognition.

The way of approaching the issues related to the arbitration process is an efficient one, having two major coordinates: a first coordinate consists in the western methodology of systematization of the researched matter, based on reference works in the field and rigorously indicated in the bibliography and theses; the second coordinate is related to the method of approaching more or less controversial issues in terms of the legal normative hierarchy and the natural meaning of the statements. The two ways give style, intelligibility to the text of the paper even for those uninitiated in the field of legal sciences, but interested in this alternative way of litigation justice.

Obviously, the passionate interest of the author Raul Miron for this field of research is reflected in the different statements he opines, often giving the reading spicy tones and making the text easier to read.

Monograph The international arbitration process according to national regulations is currently necessary for both didactic and scientific and practical purposes, because the field of arbitration and, in general, of resolving disputes by means other than the judicial ones is extremely dynamic and fluctuating in Romania, but of international interest, at the same time, when we refer to issues related to the recognition or execution of foreign arbitral awards. Thus, the paper also contributes to the awareness of the usefulness of arbitration in Romania, as well as of the qualities and conduct that those who pursue a professional career as an arbitrator must have. At the same time, from a scientific point of view, the author Raul Miron enunciates a series of substantiated legal proposals, among which is the reference to the normative text in our fundamental settlement regarding the invocation of exceptions of unconstitutionality before arbitral tribunals.

The monograph, rationae materiae, starts from the existence of any regulations applicable in Romania regarding arbitration and arbitral award, which is why the approach is broader than being reduced exclusively to an arbitration process, including issues related to the arbitration process in three distinct stages : prior to the occurrence of an arbitration process, especially the arguments in favor of resorting to arbitration; during the arbitration process until its completion; subsequent to the adoption of an arbitral award, especially the issues related to the recognition and enforcement of court decisions.

Since the monograph represents the very doctoral thesis of the author Raul Miron and a basic beginning of his scientific and university career as a doctor of law, I take this opportunity to speak through the preface and congratulate him and send him much success. in continuation, development and capitalization of his research.

Dr. Nicolae Ploesteanu