New regulations regarding arbitration clauses – (re)codification or discreditation? Comments on the changes introduced in the Code of Civil Procedure by the amending acts of 2023
The study deals with the changes relating to arbitration agreements, introdu-ced by the 2023 amending acts. The article critically analyses the new regulations of Art. 11611 and Art. 1165(11) of the Code of Civil Procedure and the amended Art. 1163(3) of the Code of Civil Procedure. The considerations lead to the conc-lusion that the solutions adopted by the legislator show relevant dissonances on a systemic basis - therefore they will certainly not contribute to making arbitration more popular. Consequently, this gives rise to numerous postulates as to what the law should be: derogating the analysed provisions or amending them, as well as introducing into the Code of Civil Procedure new solutions relating to the discussed institution of agreement clauses.