The Bucharest Court of Appeal (CAB) has set aside, in two different cases, the same arbitral award issued by the Romanian Basketball Federation (RBA) Appeal Panel. The actions for annulment were granted as the arbitral award (a) did not contain factual and legal reasons but only the dispositive part; and (b) the arbitral award was not signed by all arbitrators.
According to the CAB decision, the arbitral award was “motivated and communicated to the parties after the action of annulment was submitted to CAB and only after CAB repeatedly requested the transmission of the arbitration case file”.
A first arbitral award, rendered in 2020 by the RBF Appeal Panel in the same arbitration case, was also set aside in 2020 by the CAB through an action for annulment because the parties were not present at the oral arguments and the notification procedure was not legally completed.
After three years and two annulments, the parties to the arbitration agreement preferred to request CAB to solve the dispute.
