Jurământul martorilor în procedura arbitrajului comercial

Rezumat

The evidence of witnesses in commercial arbitration procedure is not accompanied by Romanian swearing-in. The reasons that could have determined such a regulation may be different: from the absence of formalism to the character of confessing a solemn oath that occurs only in front of the public authorities. However, in practice the use of oath could be allowed giving parties at least the possibility to establish rules of arbitration to be settled after the potential dispute. Regarding the problem of administering oath before an authority, we should remember that the decision of the arbitrator shall have the full effects of a court decision even if it is not pronounced by a court.

Therefore, mutatis mutandis, the administration of the oath of witnesses in the arbitration procedure is possible. Furthermore, the American experience, as well as the Romanian courts after entering the religious oath may constitute a mark through the gauntlet that oath makes to each individual's consciousness.