ROMANIA Law and Practice Contributed by: Cosmin Vasile and Violeta Saranciuc, Zamfirescu Racoți Vasile & Partners
10. The Award 10.1 Legal Requirements
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. 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 (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. 9. Confidentiality 9.1 Extent of Confidentiality
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. However, to a large extent the admissibility of the rem - edies depends on the substantive and procedural law applicable to the dispute. For example, if the arbitral tribunal applies Romanian procedural law, it may con - sider a request for a declaratory judgment (such as acknowledgement of a debt) to be inadmissible to the extent that the claimant has the option to bring a claim to enforce its rights (such as obliging the defendant to pay the debt). 10.3 Recovering Interest and Legal Costs The parties are entitled to recover interest on the prin - cipal claim upon such request. The default rule provided in the Code of Civil Proce - dure is that the legal costs of the arbitral proceed - ings are incumbent on the parties, according to their agreement. In the absence of any such agreement, the legal costs are incumbent on the party that lost
774 CHAMBERS.COM
Powered by FlippingBook