ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
3.7 Regulation of Arbitration Arbitration in Romania is primarily governed by the Romanian Civil Procedure Code, which reflects a civil law framework while incorporating principles aligned with international arbitration standards. The legal framework regulates key aspects of arbitra- tion, including: • the validity and effects of arbitration agreements; • the constitution of the arbitral tribunal; • the conduct of proceedings; • the issuance and effects of arbitral awards; and • annulment proceedings. In addition, arbitration conducted under the auspices of the Court of International Commercial Arbitration (attached to the Chamber of Commerce and Indus- try of Romania (CCIR)) is subject to its updated 2025 Rules, which further align domestic practice with modern international standards. Romania is also a party to the New York Convention on the Recognition and Enforcement of Foreign Arbi- tral Awards, ensuring the recognition and enforcement of arbitral awards across jurisdictions. 3.8 Court Powers Romanian courts play a supervisory role in arbitration, in line with the principle of minimal judicial interven- tion. Their involvement is primarily limited to procedur- al assistance, including the appointment of arbitrators where the parties fail to agree, ruling on challenges to arbitrators, granting interim measures in support of arbitration and facilitating the taking of evidence. Courts do not intervene in the merits of disputes, which remain exclusively within the jurisdiction of the arbitral tribunal. 3.9 Court Intervention Court intervention in arbitration is limited and occurs primarily in procedural matters, in line with the princi- ple of minimal judicial interference. Romanian courts may intervene in specific circum- stances, including:
ing to more predictable and commercially grounded outcomes. Arbitration also offers: • greater procedural control; • increased efficiency compared to court proceed- ings; and • neutrality in cross-border disputes. • In addition, arbitral awards benefit from a strong international enforcement regime. These features make arbitration especially attractive for complex, high-value disputes requiring both legal and technical expertise. 3.4 Disadvantages of Arbitration Despite its advantages, arbitration presents certain drawbacks. Costs can be significant, particularly in institutional arbitration, due to arbitrator fees and administrative expenses. Additionally, the absence of a full appeal mechanism limits the ability to challenge awards, as annulment is available only on limited procedural grounds. 3.5 Arbitral Institutions The most prominent arbitral institution in Romania is the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR). In international disputes, parties frequently opt for well-established foreign institutions, such as the Inter- national Chamber of Commerce (ICC) or other Euro- pean arbitration centres, particularly where neutrality is a key consideration. 3.6 Length of Proceedings The duration of arbitral proceedings varies depend- ing on complexity, but typically ranges from 12 to 24 months. Simpler disputes may be resolved more quickly, while complex, multi-party or technically demanding cases may extend beyond this timeframe, particularly where extensive expert evidence is required.
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