ROMANIA Law and Practice Contributed by: Cosmin Vasile, Alina Tugearu and Violeta Saranciuc, Zamfirescu Racoți Vasile & Partners Attorneys At Law
Zamfirescu Racoți Vasile & Partners 12 Plantelor Street District 2 Bucharest 023974 Romania Tel: +40 21 311 05 17/18 Fax: +40 21 311 05 19
Email: cosmina.muresan@zrvp.ro Web: office@zrvp.ro www.zrvp.ro
the International Federation of Consulting Engineers ( Fédération Internationale Des Ingénieurs-Conseils FIDIC) general conditions of contract, which include the standard International Chamber of Commerce arbitration clause. Starting in 2018, important legislative amendments were adopted covering a broad category of publicly financed projects subject to public procurement pro - cedures. This led to the replacement of the FIDIC gen - eral conditions of contract with new forms of public procurement contracts that are mandatory for public works. The new conditions of contract bring signifi - cant changes to the claims/dispute resolution proce - dure, including referral of the dispute to the national arbitration court – the Court of International Com - mercial Arbitration attached to the Chamber of Com - merce and Industry of Romania (CICA) – as the arbitral institution within the standard arbitration clause (thus replacing the jurisdiction of the ICC International Court of Arbitration (ICC), which was applicable under the former FIDIC general conditions of contract). CICA is currently the most frequently used and impor - tant international arbitration institution in Romania. Its 2025 Rules of Arbitration align with the existing rules of the ICC and other similar institutions, and seek to enhance the flexibility and efficiency of arbitration in Romania while at the same time sidestepping the for - malism of domestic courts. This change has helped maintain the steady growth trend of national and inter - national arbitration before CICA. International arbitration is currently carried out under the auspices of the ICC, the Vienna International Arbi -
tral Centre (VIAC), the LCIA and the Swiss Chamber of Commerce (SCC), but also under those of German (the German Arbitration Institute – Deutsche Institution für Schiedsgerichtsbarkeit ; DIS) and Italian institutions of arbitration. . 1.2 Key Industries The majority of international arbitration cases involve construction disputes in the context mentioned in 1.1 Prevalence of Arbitration , but various other contrac - tual disputes are also referred to international arbitra - tion, including a significantly rising number of energy- related disputes (in the context of the post-pandemic political context and the ongoing energy crisis). 1.3 Arbitration Institutions The most frequently used international arbitral institu - tions in Romania are the ICC, mostly for international arbitrations seated in Romania or disputes with an international component, and CICA, mainly for local arbitral disputes. VIAC has become also an increas - ingly popular choice in Romania in the past several years. No new arbitral institutions have been established in Romania in the past year. On the contrary, the num - ber of arbitral institutions has decreased in the last year after the Romanian High Court issued a binding interpretation decision limiting the types of Romanian entities that can administer arbitration in Romania.
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