ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
preliminary procedure is compulsory. If a claim were to be filed without the preliminary procedure being observed, it would be rejected as premature. If either the law or the contract provides for another type of preliminary procedure, such as adjudication, the courts or tribunals may compel the parties to In general, there is room for improvement where the institutions offering and promoting ADR are con- cerned. The main institution for ADR in Romania is the Court for International Commercial Arbitration (CICA), which functions within the Chamber of Commerce and Industry of Romania. In the past few years, arbitra- tion has experienced steady growth. The majority of cases involve construction disputes, but various other contractual disputes are also referred to international arbitration, including energy-related disputes. Even steadier growth is expected, following the new set of rules adopted by CICA on 1 January 2025, which bring a more modern, flexible and internationally aligned procedural framework. The amendments enhance the tribunal’s case management powers, allowing it to streamline proceedings, conduct remote or hybrid hearings as a standard option, and reduce the num- ber of written submissions where appropriate. They also require mandatory disclosure of any third-party funding arrangements, to safeguard transparency and impartiality. undergo that procedure. 12.3 ADR Institutions A key innovation concerns expert evidence, with expert reports now primarily prepared by experts appointed by the parties, while the tribunal inter- venes only if the reports are insufficient. The rules further introduce stricter procedural deadlines, with the express sanction of preclusion for parties failing to comply, thus reinforcing procedural discipline. In addition, the 2025 amendments revise the arbitral and administrative fees and clarify the rules on cost allo- cation. Altogether, the new framework aims to make CICA arbitration faster, more transparent and aligned with the ICC and LCIA standards.
The main body of law governing arbitration is included in the Code of Civil Procedure, which came into force on 15 February 2013. In addition to regulating national arbitration, Book IV of the Code of Civil Procedure (On Arbitration) also contains the general set of provisions applicable to international arbitration whenever the parties have not agreed upon certain aspects in the arbitration agreement and have not empowered the arbitral tribunal to settle those aspects either, whereas Title IV of Book VII provides specific legal provisions governing international arbitration and foreign arbitral awards. The arbitration law includes mostly non-mandatory provisions, as a reflection of the principle provided in the Code of Civil Procedure that parties are free to organise arbitral proceedings as they deem fit. How- ever, parties’ freedom is subject to the observation of public policy, a couple of mandatory provisions and ethics. There are a few mandatory rules (eg, certain validity requirements for the arbitration agreement) regarding the written form of the arbitration agreement or the authenticated form of the arbitration agreement in arbitrations regarding the transfer of the ownership right over an immovable asset. The law also imposes certain fundamental principles related to a fair trial, from which no derogation is permitted (eg, the parties shall be given equal treatment, the right to a defence and a reasonable opportunity to present their case). Romania ratified the New York Convention in 1961 by means of Decree No 186/1961, which came into force on 24 July 1961. Romania reserved the right to apply the convention only to: • the recognition and enforcement of awards made in the territory of another contracting state or, for awards made in non-contracting states, only sub- ject to reciprocity (ie, namely to the extent to which those states grant reciprocal treatment); and • disputes arising from legal relationships – whether contractual or not – that are considered commer- cial under the national law.
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