Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Crenguţa Leaua – Exception of unconstitutionality and commercial arbitration. Some practical issues

The introduction of an express reference to the possibility of referral to the Constitutional Court with the exception of unconstitutionality either by the ordinary courts or by the arbitration tribunals is a mechanism that leads to a greater stability, because the constitutional review is possible without the necessity for an action for annulment of an arbitration decision based on a unconstitutional law.

The opportunity for arbitral tribunals to refer the objection of unconstitutionality to the Constitutional Court provides effective relief of the ordinary courts from the volume of disputes that shall be resolved by arbitration.