ROMANIA Trends and Developments Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
Litigation in Romania: An Introduction Romania remains one of the most dynamic jurisdic- tions in the field of dispute resolution, confirmed by a notable increase in energy disputes and an ever- increasing tally of construction cases. In the era of technology, continuous change and adaptability are essential. Romanian legal practition- ers have embraced innovation, leveraging advanced technologies, including AI, to develop tools that enhance efficiency. Geopolitical developments continue to shape the regional landscape. The ongoing armed conflict in Romania’s vicinity, coupled with extensive sanctions against Russia, has heightened concerns regard- ing Europe’s energy security. Against this backdrop, Romania’s energy sector has achieved significant progress. Notably, OMV Petrom and Romgaz have advanced the development of the two offshore gas fields in the Neptun Deep area; once operational, this project is expected to produce approximately 100 bil- lion cubic metres of natural gas, positioning Romania as the European Union’s largest gas producer. The construction sector also remains active, although a slowdown is anticipated in the near future due to the suspension or postponement of certain publicly funded projects. Nevertheless, ongoing projects are expected to proceed without disruption. Arbitration in Romania Romania’s arbitral institutions and practitioners align closely with international standards and continue to embrace technological advancements, including AI, to enhance efficiency and streamline proceedings. In this context, the advantages of arbitration as an alternative dispute resolution (ADR) mechanism clearly delineate it from domestic litigation. The business community has understood that national courts will never have the same rapid pace in adapting to change and dis- tress, which has boosted interest among companies in including arbitration clauses in their commercial agreements or opting to switch to arbitration. The most prominent arbitral institution in Bucharest is the Court of International Commercial Arbitration (CICA). It operates using procedural rules aligned
with those of the ICC and other similar institutions, and aims to enhance the flexibility and efficiency of arbitration in Romania while eliminating the formal- ity of domestic courts at the same time. In January 2025, CICA introduced a new set of arbitration rules, implementing significant changes in areas such as the delineation of written and oral phases, the appoint- ment of experts (with a greater emphasis on party- appointed experts) and adjusted emergency arbitrator provisions. Romanian parties are also active in international arbi- tration forums, including the ICC, VIAC, LCIA and SCC, as well as German and Italian institutions such as the German Arbitration Institute and the Court of Arbitration attached to the German-Romanian Cham- ber of Commerce and Industry, which are frequently chosen by German and Italian companies and inves- tors. Romania continues to be involved in several investor– state disputes. Publicly available information shows that Romania has faced 23 International Centre for Settlement of Investment Disputes (ICSID) cases to date, eight of which are currently pending. The most recent claim was filed in early 2024 under the bilat- eral investment treaty between Bulgaria and Romania, following the widely discussed insolvency of Euroins Romania, one of the country’s major insurance pro- viders. In early 2025, Romania secured a notable victory in a renewable energy-related dispute under the Energy Charter Treaty (ECT), reinforcing its position in the evolving landscape of energy arbitration General tendencies in dispute resolution Dispute resolution in Romania reflects broader eco- nomic and geopolitical developments. In recent years, as the economy has stabilised, disputes are increas- ingly mirroring the dynamics of normal business activ- ity. The post-pandemic political climate, the ongoing con- flict in Ukraine and sanctions imposed on Russia have contributed to a rise in energy disputes and contrac- tual disputes in general, putting further pressure on businesses.
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