ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
• challenges to the validity of the arbitration agree- ment; • annulment proceedings against arbitral awards; and • support for the arbitral process, such as facilitating the taking of evidence. Outside these narrowly defined situations, courts refrain from interference, leaving the merits of disputes to be decided exclusively by the arbitral tribunal. 3.10 Relief Arbitral tribunals may grant a broad range of relief, including damages, specific performance and declar- atory relief. Tribunals may also order interim measures, unless the arbitration agreement provides otherwise. However, enforcement of such measures may require assis- tance from the courts. The main formal ADR mechanism available in Roma- nia is mediation, regulated by dedicated legislation and widely recognised within the legal framework. Mediation is a voluntary, structured process conduct- ed by an authorised mediator to facilitate an amicable settlement between the parties. It may be used in a broad range of commercial disputes, provided that the rights in question are freely disposable. In addition to mediation, parties may resort to nego- tiation or, in certain sectors, contractual mechanisms such as expert determination or dispute adjudication boards, particularly in construction and infrastructure projects. 4.2 Requirements to Engage in ADR There is no general obligation under Romanian law to engage in ADR before initiating court or arbitral proceedings. Parties may be required to attend an informational session on mediation in certain cases, although this does not constitute a mandatory attempt 4. Other ADR Methods 4.1 ADR Procedures
to settle the dispute. In practice, ADR is primarily driv- en by party agreement rather than legal obligation. 4.3 Impact of ADR Engaging in ADR does not affect a party’s right to pursue litigation or arbitration, unless contractually agreed otherwise. Settlement agreements reached through ADR are binding and may be formalised to obtain enforceabil- ity. In practice, ADR is often used alongside or prior to formal proceedings rather than as a standalone alternative. 4.4 Timing of ADR ADR may take place at any stage of a dispute, includ- ing before or during litigation or arbitration. It is com- monly initiated either at an early stage or after key procedural developments, when parties have greater visibility on the merits of the case. As a general rule, ADR does not suspend limitation periods. 4.5 Confidentiality Mediation is confidential under Romanian law and information disclosed during the process cannot be relied upon in subsequent proceedings without con- sent. Other forms of ADR may also be confidential, depend- ing on the parties’ agreement. 4.6 Costs ADR costs are generally lower than those of litiga- tion or arbitration. Costs are typically shared between the parties, unless otherwise agreed. In practice, cost considerations often encourage the use of ADR as a preliminary step. 4.7 Courts and ADR Romanian courts take a supportive approach to ADR and may encourage parties to consider settlement. However, courts cannot compel parties to engage in ADR and its use remains voluntary in most commercial disputes.
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