ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
3. Arbitration 3.1 Prevalence
• garnishment of receivables (including bank accounts); • judicial sequestration; and • measures to preserve evidence. • Interim relief is frequently sought in practice, particularly in disputes involving financial claims or risks of asset dissipation. The applicant must generally demonstrate urgency, a prima facie right and the risk of irreparable harm. Courts may also require the applicant to provide secu- rity as a condition for granting certain interim meas- ures. 2.7 Final Relief Romanian courts may grant a broad range of final relief in commercial litigation. This includes: • monetary damages; • specific performance of contractual obligations; • termination of contracts; and • declaratory relief establishing the existence or absence of a right. Courts may also order ancillary remedies, such as penalties for non-compliance or restitution measures. The type of relief granted depends on the nature of the claim and the legal grounds invoked, with courts gen- erally aiming to restore the injured party to the position it would have occupied absent the breach. 2.8 Damages Damages under Romanian law are governed by the principle of full compensation. Courts award damages to cover both actual loss and loss of profit, provided these are proven, certain and directly linked to the wrongful act. The claimant bears the burden of proving the existence and extent of the damage, as well as the causal link between the breach and the loss suffered. Courts may rely on expert evidence where necessary to quantify damages, which are assessed on the basis of actual loss rather than hypothetical or estimated amounts and must be supported by sufficient evidence meeting the applicable standard of proof.
Arbitration is increasingly used as a dispute resolu- tion mechanism in Romania, particularly for medium- to-high-value commercial claims with cross-border elements. It is widely preferred in sectors such as construction, energy, infrastructure and international trade, where parties seek a neutral forum and proce- dural flexibility. In domestic disputes, arbitration is also commonly used where parties seek efficiency and confidentiality, although litigation remains predominant in lower-value or less complex cases. 3.2 Restrictions on Use of Arbitration Romanian law permits arbitration for disputes con- cerning rights that parties may freely dispose of. As a result, disputes involving patrimonial rights are gener- ally arbitrable. However, certain categories of disputes cannot be referred to arbitration, including: • matters concerning personal status or legal capac- ity. • family law disputes. • disputes relating to rights that cannot be freely disposed of by the parties. Certain insolvency-related matters, particularly where they involve collective proceedings or public interest considerations. 3.3 Advantages of Arbitration The main advantages of arbitration in Romania include flexibility, confidentiality and, most importantly, the ability to appoint arbitrators with specific expertise relevant to the dispute. This is particularly valuable compared to state courts, where judges are gener- ally not specialised in complex technical or industry- specific matters. By selecting arbitrators with sector-specific knowl- edge, such as in construction, energy or infrastructure, parties benefit from a more informed assessment of technical evidence and contractual frameworks, lead-
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