ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
1. Dispute Resolution Methods 1.1 Main Dispute Resolution Methods The main methods for resolving commercial disputes in Romania are litigation before state courts and arbi- tration, complemented by alternative dispute resolu- tion (ADR) mechanisms. Litigation remains the default mechanism, particularly in domestic disputes, due to its accessibility, estab- lished procedural framework and enforceability of judgments. The Romanian court system provides a structured and comprehensive process for resolving a wide range of commercial disputes. Arbitration is widely used in medium to high-value disputes, especially those involving cross-border elements or technical complexity. It is particularly prevalent in sectors such as construction, energy and infrastructure. In addition, ADR mechanisms, including mediation, negotiation and expert determination, are available and may be used either independently or alongside formal proceedings, although their use remains less widespread in practice. 1.2 Choice of Dispute Resolution Method The choice of dispute resolution method in Romania is largely driven by factors such as the value and com- plexity of the dispute, the need for technical exper- tise, confidentiality considerations and the presence of cross-border elements, as outlined below. Litigation remains the most widely used dispute reso- lution mechanism in Romania, particularly for lower- value or less complex disputes and in matters involv- ing public authorities. Arbitration is preferred for high-value, complex com- mercial disputes, especially when parties seek con- fidentiality, neutrality and procedural flexibility. It is commonly used in sectors such as construction, energy and international trade, where disputes often involve technical issues and cross-border elements. ADR mechanisms, such as mediation, remain rela- tively underutilised compared to litigation and arbi-
tration. In practice, the most common form of “ADR” is direct negotiation between the parties, often with legal assistance. 1.3 Key Dispute Resolution Trends Recent developments show that dispute resolution in Romania remains characterised by a high volume of litigation and the growing complexity of disputes. There is a notable increase in disputes arising in sec- tors such as construction, energy and infrastructure, often linked to large-scale investment projects and public procurement frameworks. These disputes are typically multi-layered, combining contractual, regula- tory and technical issues. At the same time, insolvency-related disputes have become more prominent, frequently intersecting with commercial and enforcement proceedings, reflecting broader economic pressures. Another emerging trend is the gradual inclusion of mul- ti-tier dispute resolution clauses in contracts, requir- ing negotiation or amicable settlement before formal proceedings. While ADR remains limited, awareness and use are gradually increasing. Under Romanian law, the general limitation period for bringing civil and commercial claims is three years, unless a different period is expressly provided by stat- ute. Certain types of claims are subject to shorter or longer limitation periods. For example, claims arising from insurance contracts or transport may be subject to shorter periods, while real estate rights or certain enforcement-related claims may benefit from longer ones. Limitation periods typically start when the claimant becomes aware or should reasonably have become aware, of both the damage and the party responsible. The limitation period may be suspended or interrupted in specific circumstances provided by law. If a claim is 2. Litigation 2.1 Limitation Periods
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