ROMANIA Law and Practice Contributed by: Cosmin Vasile and Violeta Saranciuc, Zamfirescu Racoți Vasile & Partners
file a request for arbitration with the secretariat of the arbitral institution. A fixed filing fee is generally required. 7.3 Powers and Duties of Arbitrators Arbitrators enjoy the powers agreed by the parties (eg, the power to determine the procedural rules applica - ble in the proceedings), but these are subject to the limitations provided under the arbitration law, where applicable. Regarding the powers conferred by law, an arbitrator can: • decide on his or her own jurisdiction; • assess the case according to his or her “intimate belief”; • determine the place of arbitration and the law applicable to the substance of the dispute, in the absence of the parties’ agreement; and • determine the language of arbitration in certain circumstances, and in the absence of the parties’ agreement. Similarly, the arbitrators’ obligations may be agreed in the arbitration agreement subject to the limitations imposed by law. Regarding statutory duties, an arbi - tral tribunal is obliged to determine a dispute within six months of its constitution (although this time limit may be re-adjusted). Further, the arbitrators have a duty to act impartially and independently and must disclose any circumstances that may prevent them from doing so. 7.4 Legal Representatives There are no particular qualifications or requirements for legal representatives appearing in front of an arbi - tral tribunal. An authorised legal professional may duly represent a party in arbitration proceedings. 8. Evidence 8.1 Collection and Submission of Evidence Each party has the burden of proof as to the facts based on which it makes a claim or raises a defence. According to the default rule, the parties submit the evidence on which they intend to rely on in limine litis (at the start of the procedure).
The most common means of evidence are documents, expert evidence and witness evidence. In arbitrations conducted under the CICA Rules, arbitral tribunals may also allow party interrogatories – ie, questions addressed to parties aiming at the admission of facts. All pieces of evidence are of equal value and subject to the arbitral tribunal’s evaluation and conviction. However, the rules on evidence are flexible in interna - tional arbitration, which makes it possible in proce - dures such as ad hoc arbitration. The procedure and timing regarding the taking of evidence depend on the applicable arbitration rules (if any) and may be agreed by the parties or determined by the arbitral tribunal after hearing the parties. A particular rule is that witnesses are not heard under oath, as would happen before a local court. The arbi - tral tribunal can also order a party to produce certain evidence. 8.2 Rules of Evidence In arbitral proceedings seated in Romania, the appli - cable rules of evidence are those provided by Romani - an law as lex loci, namely the Code of Civil Procedure. As a matter of principle, the rules on evidence are flex - ible when it comes to international arbitration, and par - 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
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