ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
the report and the expert’s remuneration. Experts are required to act impartially and provide objective, reasoned opinions. The court may, either of its own motion or at the request of the parties, seek clarifica- tions or supplements to the report and, where neces- sary order a new expert examination.
The applicant must submit the arbitral award and the arbitration agreement. Recognition or enforcement may be refused on limited grounds, including: • invalidity of the arbitration agreement; • a lack of due process; or • a breach of public policy. • The court does not review the merits of the award. 9.3 Length of Time The duration of enforcement proceedings in Romania is not expressly regulated and may vary depending on the complexity of the case. In the case of foreign arbitral awards, enforcement typically involves a prior exequatur phase followed by enforcement proceed- ings. The recognition stage is generally intended to be efficient, although the overall duration depends on factors such as the debtor’s compliance and whether objections or parallel proceedings are raised. 9.4 Grounds for Resisting Enforcement A party may resist enforcement of foreign judgments and arbitral awards on limited grounds, which vary depending on the applicable regime. For foreign judgments, refusal may be based on lack of proper service, breach of the right of defence, incompatibility with public policy or with an existing judgment between the same parties, as well as lack of enforceability in the state of origin. For foreign arbitral awards, Romanian courts may refuse recognition or enforcement on grounds aligned with the Convention on the Recognition and Enforce- ment of Foreign Arbitral Awards (New York, 1958), including invalidity of the arbitration agreement, lack of due process, irregular constitution of the tribunal, excess of mandate or where the award is not binding or has been set aside. Public policy and non-arbitra- bility also constitute grounds for refusal.
9. Enforcement 9.1 Enforcement of Judgments
The recognition and enforcement of foreign judg- ments in Romania depends on the applicable legal framework. Judgments originating from EU Member States are governed by Regulation (EU) No 1215/2012 (Brussels I bis), which provides for direct recognition and enforcement without the need for a declaration of enforceability, subject to limited grounds for refusal. For non-EU judgments, enforcement requires prior recognition and leave for enforcement (exequatur) granted by the tribunal having jurisdiction in the place of enforcement. The applicant must demonstrate that the foreign judgment is final and enforceable under the law of the issuing state and meets the conditions for recognition. The court examines the request after summoning the parties and, if granted, issues an enforcement order, which serves as the basis for enforcement under Romanian law. 9.2 Enforcement of Arbitral Awards The enforcement of arbitral awards in Romania depends on whether the award is domestic or foreign. Domestic arbitral awards are directly enforceable, having the same effect as court judgments and may be enforced without prior recognition if not complied with voluntarily. Foreign arbitral awards are recognised and enforced in accordance with the Convention on the Recogni- tion and Enforcement of Foreign Arbitral Awards (New York, 1958) and the relevant provisions of the Civil Procedure Code. Recognition and enforcement are granted by the competent tribunal at the place of domicile or seat of the opposing party.
10. Dispute Resolution and AI 10.1 Regulation
The use of artificial intelligence in dispute resolution is not specifically regulated under Romanian law. There
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