230 ALINA MIOARA COBUZ –BAGNARU
Decree no.22 of 31.01.19708, by this treaty the contracting states committed
themselves to recognize the enforceability of arbitral awards rendered in their
territories. The Treaty on Legal Aid concluded with Tunisia9, this bilateral treaty
was ratified by Romania in 1972 and makes a distinction between the legal regime
applicable to arbitral awards differently, as they differ between commercial or civil
legal relationships. The Treaty on Legal Aid concluded with Morocco10, this
bilateral treaty was ratified by Romania in 1973, in turn, this treaty makes a
distinction between the legal regime applicable to civil cases by the legal regime
applicable to commercial cases. The Treaty on Legal Aid concluded with Italy,
ratified by Romania in 197311, establishes a unified legal regime without
dissociating between civil and commercial cases. The Legal Assistance Convention
concluded with Greece12 establishes a legal regime similar to that provided for in
the Treaty between Romania and Tunisia.
THE 1958 NEY YORK CONVENTION13 - applies in the matter of recognition
and enforcement, both to arbitration judgments given occasionally and to those
issued by other permanent arbitration institutions.
8 In accordance with Article 9 (2) of this Treaty, the enforceable power of an arbitral award is
denied in the following cases: a) if the judgment has not acquired the enforceability of a final decision
in accordance with the laws of the country in which it was pronounced; (b) if the decision engages the
parties in actions incompatible with the laws of the Contracting State in which recognition of the
executing power is sought; c) if the decision is contrary to the public order of the Contracting State in
which enforcement is sought; (d) if the party against whom the judgment is to be enforced has not
been informed of the arbitration in due time, and as a consequence has been unable to subst antiate the
case or has not been properly represented.
9 The Treaty between Romania and Tunisia was ratified by Decree No.483 of January 29, 1972.
10 The Treaty between Romania and Morocco was ratified by Decree No 291 of 4 June 1973
11 The Treaty between Romania and Italy was ratified by Decree no. 288 of June 2, 1973
respectively: According to Article 20 of this bilateral treaty: "arbitral awards rendered in the territory
of a Contracting Party shall be recognized and enforced in the territory of the other Party purs uant to
the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 1958 ".
12 The Legal Assistance Convention concluded with Greece was ratified by Romania by Decree
No 290 of June 3, 1973.
13 Romania adhered to the Convention by Decree no. 186 of July 10, 1961, published in the
Official Bulletin no. 19/24 July 1961.
Unique article. - The Romanian People's Republic adheres to the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards, adopted in New York on 10 June 1958, with the
"The Romanian People's Republic shall apply the Convention only to disputes arising out of
contractual or non-contractual law relations which are considered commercial by its national law.
The Romanian People's Republic will apply the Convention on the Recognition and Enforcement
of Sentences in the Territory of Another Contracting State. With regard to the sentences given in the
territory of non-Contracting States, the Romanian People's Republic will apply the Convention only
on the basis of reciprocity established by agreement between the parties ".