“Dimitrie Cantemir” Christian University Knowledge Horizons - Economics Volume 7, No. 2, pp. 82–84 P-ISSN: 2069-0932, E-ISSN: 2066-1061 © 2015 Pro Universitaria www.orizonturi.ucdc.ro COMPETENCE OF THE ARBITRATION TRIBUNAL REGARDING EXTRA-CONTRACTUAL DEEDS IN THE CONDITIONS OF INVESTING THE ARBITRATION TRIBUNAL AS AN EFFECT OF AN ARBITRATION CLAUSE Bazil OGLINDĂ Bucharest University of Economic Studies, Bucharest, Romania, E-mail: bazil.oglinda@yahoo.com Abstract The doctrine and jurisprudence accepts that extra-contractual deeds are arbitrable. The Romanian arbitration rules also establish this competence, but in what condition could a non-contractual dispute be considered arbitrable? This question is solved by a carefully analysis of the purpose of the clause, which is able to reveal the real intentions of the parties. Keywords Arbitration competence, extra- contractual deeds, arbitration clause, purpose of the arbitration convention 1. Introduction An extremely interesting law issue which gains magnitude lately is the one of the competence of the Arbitration Tribunal to judge litigations related to extra- contractual deeds, such as enrichment without any just cause, the undue payment in the conditions in which the defendant has invoked incompetency of the Arbitration Tribunal invested with the resolution of the cause, considering that the effects of the arbitration clause are not extended over the extra-contractual legal deeds. 2. Importance of the arbitration clause’s purpose In the foreign doctrine it has been showed that the competence of the Arbitration Tribunal related to the extra-contractual deeds will be appreciated depending on the purpose of the arbitration clause (Born, 2014). The purpose of the arbitration convention depends on the manner in which it has been formulated. What is the purpose of an arbitration clause, in which conditions the requests referring to the business relationships, but based on provisions such as enrichment without just cause, civil offense (etc.) represent the competence of arbitration? If the litigation between parties falls under the purpose of the arbitration agreement, then the Tribunal has the right to decide over any issue, contractual or non-contractual, deducted from arbitration (except for those that are not arbitral). An Arbitration Tribunal may conclude it would be competent to decide over the act of enrichment without just cause and the liability of civil offense, provided that these fall under the purpose of the arbitration convention (Liebscher et. al., 2011). 3. What does extra-contractual litigation mean? Even in the business field, litigations may or may not be of contractual nature. If the litigation between parties is related to the tort liability, then it is possible for them to appeal to arbitration. If an arbitration convention was concluded prior to the start of litigation, and it has a tort object, it is necessary to establish if the arbitration clause is general, large enough to cover the requests related to the tort liability generated by the relationships between parties. Nevertheless, the use of arbitration to solve tort litigations is not admitted in all states. This general definition also includes agreements in which the negotiation power of the parties is uneven and where the weaker party needs special protection related to the conventions of litigations settlement. There is no doubt regarding the fact that extra-contractual litigations under tort liability are arbitrable (Tang, 2014). In the case of actions regarding the act of enrichment without just cause and other quasi- contractual requests, the situation is identical. Even when it comes about a conduct which infringes public order regulations, arbitration is possible as long as the arbitration decision may be appealed, ensuring that the arbitrators have observed those public order norms. When the extra-contractual dispute is deducted from arbitration, based on an arbitration convention, this agreement will be explicit enough to avoid any doubt regarding the purpose of arbitration jurisdiction.