ROMANIA Law and Practice Contributed by: Cosmin Vasile, Alina Tugearu and Violeta Saranciuc, Zamfirescu Racoți Vasile & Partners Attorneys At Law
ties may thus derogate from them. Parties are allowed to choose means of administering the evidence that are different from the ones provided by national law (Code of Civil Procedure). As such, parties have the possibility of using any type of rules, such as the ICC Rules or the Rules on the Taking of Evidence in Inter - national Arbitration adopted by the International Bar Association. The CICA Rules stipulate that the arbitral tribunal, following the parties’ agreement, may apply the Rules on the Taking of Evidence in International Arbitration adopted by the International Bar Associa - tion. 8.3 Powers of Compulsion The arbitral tribunal does not have any powers to com - pel witnesses or experts who refuse to appear before the arbitral tribunal, or to apply any sanctions. For any such measures, the parties must file an application to this effect before the local court whose jurisdiction covers the seat of arbitration. The arbitral tribunal can also order a party to produce certain evidence. The arbitral tribunal cannot order the production of documents from non-parties. For exam - ple, the arbitral tribunal might request written informa - tion from a public authority regarding its documents and actions, but if the public authority refuses to com - ply with such a request and submit the information, the parties or the arbitrators have recourse to local courts to request the enforceable court’s order for the production of documents. The local courts might also play a role in acknowledg - ing certain matters of fact prior to or during the arbitra - tion proceedings, such as the state of certain assets or the statement of a certain witness where there is urgency due to the risk the evidence might get lost.
(3)). Unless the parties agree otherwise (in writing), the confidentiality of the arbitral proceedings is protected by the court, its president, management board and secretariat; the arbitral tribunal and arbitral assistants; and all those directly involved in organising the pro - ceedings (Article 4 (1)). The CICA Rules provide that the award may, for sci - entific or academic purposes, be published in part without revealing the name of the parties or prejudicial data. Also, the case file may be studied for academic purposes, after the award is communicated to the par - ties, in compliance with the confidentiality obligation. Under the ICC Rules, confidentiality is not implied, although arbitral tribunals may, upon the request of a party, make orders concerning the confidentiality of the arbitration proceedings. Article 567 of the Code of Civil Procedure stipu - lates that, unless the parties provided otherwise, the arbitration tribunal must render an award within six months of the constitution of the tribunal for local arbi - tration and, according to Article 1115, within a year with respect to international arbitration. According to the Code of Civil Procedure, the arbitral award shall be written, reasoned and dated, and it shall bear the signatures of all members of the arbitral tribunal. The provisions of Articles 602 and 605 of the Code of Civil Procedure stipulate that the delivery of the award can be delayed for a period of 21 days and require the decision to be communicated to the par - ties within a month of its delivery. 10.2 Types of Remedies There is no specific provision in the arbitration law as to the types of remedies available to the parties. Therefore, there is no limitation on the types of rem - edies that an arbitral tribunal may grant, other than the limitation imposed by the parties’ claims in the sense that the arbitral tribunal can only grant what was requested, regardless of the nature of the claim. 10. The Award 10.1 Legal Requirements
9. Confidentiality 9.1 Extent of Confidentiality
The procedural rules established by the Code of Civil Procedure leave the matter of confidentiality to the parties’ agreement or choice of institution. The CICA Rules name “confidentiality” as one of the core principles of the arbitration procedure (Article 3
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