ROMANIA Trends and Developments Contributed by: Cosmin Vasile and Violeta Saranciuc, Zamfirescu Racoți Vasile & Partners Attorneys At Law
Courts Confirm a Favourable Approach to the Enforcement of Arbitral Awards in Romania Romanian courts are arbitration-friendly and regularly take a pro-enforcement stance in proceedings for the recognition of foreign arbitral awards. A notable recent example of the courts’ co-operation is a decision by the Bucharest Court of Appeal con - firming that insolvency judges, despite their narrow competence, have jurisdiction to hear applications for the recognition of foreign arbitral awards in the framework of insolvency proceedings. Hence, award creditors may participate in insolvency proceedings against award debtors without undue delay, and with - out having to undergo separate proceedings a priori for recognition of the foreign arbitral award in Roma - nia. The decision is a valuable solution to the inherent time constraints that exist in the context of enforcing claims against insolvent debtors. Increasing Number of Arbitration Disputes in the Renewable Energy Sector Romania is seen as one of the most promising renew - able energy markets in Europe due to the excellent natural conditions for renewable energy production. The market has attracted – and continues to attract, with even greater prospects for the future – the interest of local and foreign investors. With a variety of financ - ing and business models adopted in the development of renewable energy projects, a dynamic and rapidly evolving landscape and lack of experience, particu - larly in the first waves of renewable development in the country, renewable projects have given rise to a growing number of disputes in the past several years. On the one hand, Romania has been involved in a row over investment arbitrations initiated by foreign investors over renewable reforms. On the other hand, many renewable projects have ended in disputes sub - mitted to commercial arbitration due to problems at the financing or development stage. Considering the multiple and complex facets of renewable develop - ment projects, arbitration appears to be the preferred dispute resolution method. In particular, foreign inves - tors entering the Romanian renewable energy market have most often opted for arbitration under the pur - view of international arbitral institutions, perceived as a more neutral dispute resolution choice.
Bucharest Arbitration Days 2025 Bucharest Arbitration Days (BArD) is an annual event dedicated to international arbitration and the neces - sary reforms in the field, organised by the Court of International Commercial Arbitration (CICA) since 2019. The sixth edition of this conference, organised in 2025 under the title “Reassessing Access to Justice and Due Process in International Arbitration”, benefit - ted from the participation of more than 200 delegates and over 37 speakers from 14 countries, including representatives from arbitration institutions, arbitra - tors, in-house and external counsel, scholars, govern - ment representatives and legal practitioners. BArD 2025 focused on key developments in interna - tional arbitration, addressing pressing issues includ - ing due process concerns in international arbitration, the impact of costs on access to arbitral justice, the essential role of arbitrators in ensuring due process and the role of counsel and experts in international arbitration. Additionally, it will explore the intersections of arbitral justice with climate change and energy tran - sition, as well as due process in the context of recent legal developments and emerging technologies. The 2025 edition of BArD was opened by high-ranking government representatives, the interim Prime Min - ister of Romania, Mr Cătălin Predoiu, and the Secre - tary of State, Ministry of Foreign Affairs and national co-ordinator of Romania’s OECD accession process, Mr Luca Niculescu, whose presence at this event reflected Romania’s interest in promoting international arbitration and itself as an arbitral seat. The participation of renowned professionals from all over the world, including keynote speakers Profes - sor Stefan Kröll (professor of international dispute resolution and director of the Center for International Business Resolution), and Dr Yas Banifatemi (found - ing partner, Gaillard Banifatemi Shelbaya Disputes), confirms Romania’s steady upward trend on its way to becoming one of the most attractive places for arbitra - tion in Central and Southeastern Europe.
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