Lex Mundi Global Arbitration Institutions Guide |
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Romania |
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(Europe)
Firm
Nestor Nestor Diculescu Kingston Petersen
Contributors
Sorina Olaru |
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| Name of Arbitral Institution; with abbreviation, if any. | Court of Internationan Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry |
| Where is the seat of the Arbitral Institution? | Bucharest, Romania |
| Is there an umbrella organization for the Arbitral Institution? | Yes. The Romanian Chamber of Commerce and Industry |
| How is the Arbitral Institution structured? | President of the Court/ Management Board/Plenum/ Scientific Council/Secretariat of the Court of Arbitration |
| Is there a compulsory list of arbitrators that parties are required to choose from? | As a general rule the arbitrators are selected from a List of Arbitrators. However, the parties are allowed to appoint, as arbitrators, individuals that are not registered on the List of Arbitrators,and they may serve if the parties appointed them in this position, in a certain dispute and, they meet the requirements provided by the Regulations for organizing the Court of arbitration's activity and those set out by the Rules of Arbitration of the Court of Arbitration. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | As a general rule the parties are allowed to freely select the place of arbitration. However, to the extent that the arbitration dispute is considered completely domestic, the choice of a foreign seat might be considered by a court of law as not being valid. To the extent that the parties did not made their choice for the place of arbitration, and the arbitration is to be solved according to the Rules of Arbitration then according to art. 28 (1) from the Rules, the seat of the arbitration shall be at the offices of the Court. The arbitral tribunal, after consulting the parties, shall be able to conduct the arbitration, in full or in part, at any place that it deems appropriate, and the additional costs incurred shall be borne by the parties, but in all cases, the award shall be deemed to have been made at the seat of the Court of Arbitration. |
| What is the amount of the registration fee? | ~ 150 Euro: |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | 150 Euro registration fee+ +13.300 Euro registration fee +12,900 Euro arbitrator fee |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | 150 Euro registration fee + +( € 18,300 plus 0.3% for the amounts exceeding € 2,000,000 registration fee) as administrative fee + 3X (17,900 plus €0.3% for the amounts exceeding € 2,000,000) |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | 150 Euro registration fee + +( € 18,300 plus 0.3% for the amounts exceeding € 2,000,000 registration fee) as administrative fee + 3X (17,900 plus €0.3% for the amounts exceeding € 2,000,000) |
| Who pays advances on costs? What happens in the event of default? | The claimant shall pay the arbitration fee (registration fee+) corresponding to the arbitration claim , to be calculated in accordance with the Schedules of Arbitral Fees and Expenses in force on the date when the request for arbitration is filed, within a 10-day time limit running from the date of communication of the notice by the Secretariat of the Court. Upon the claimant’s request and subject to the circumstances of the case, the time limit may be extended pursuant to a reasoned decision of the President of the Court. If the proof of payment of the arbitration fee is not submitted within the time limit and subject to the conditions communicated by the Secretariat of the Court, the request for arbitration shall be returned to the claimant. The same provisions shall be applicable in case of a counterclaim. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. There is no procedural document similar to the terms of reference to be executed by the parties, however the rules are providing for a case management conference at the beginning of the procedure aimed to organize, schedule and establish the applicable procedural rules, including with respect to evidence, and the stages for filing the written submissions. At the end of the case management conference or immediately thereafter, the arbitral tribunal shall have the power to establish, by a procedural order, a provisional procedural timetable for the arbitration, including, inter alia, the time-limits for the submission of memoranda, if applicable, and the approximate date set for oral arguments and for the issuance of the award. This case management conference is considered the first hearing of the case. Also, after this case management conference, no party shall amend its existing claims or make new claims, objections or requests, unless it has been authorized to do so by the arbitral tribunal, which shall consider the nature of such new claims, objections or requests, the stage of the arbitration, the harm caused to the other party by delaying the proceedings, as well as other relevant circumstances. Furthermore a summary of the arguments of the parties and any decision adopted by the arbitral tribunal within or outside arbitration hearings shall be recorded in a procedural order. |
| Which languages can be used for communication with the Arbitral Institution? | The languages usually encountered in communication with the Arbitral institution are Romanian, English, and French. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat of the Court of Arbitration |
| Are there restrictions on the language that the arbitration may be conducted in? | According to the Rules, unless the parties have agreed otherwise, the language of the arbitration shall be Romanian. However, Upon request by any of the parties, the arbitral tribunal, considering the relevant circumstances and the position of the parties, may decide that the arbitration shall be conducted in another language other than Romanian. |
| Who appoints substitute arbitrators? | The new Rules of Arbitration, enacted as of the 1st of January 2018 do not operate with the concept of substitute arbitrators. In case the appointment of an arbitration is terminated due to any of the following reasons, resignation, challenge, physical or moral incapacity, revocation or death, the Rules for appointing the Arbitral Tribunal shall be once more applicable. The convention of the parties in relation to the appointment of an Arbitral tribunal shall be followed and the intervention of the Court is limited to those operations necessary to ensure the continuation of the arbitration proceedings. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. art. 16 and 17 from the new rules of arbitration enacted upon 1 st of January 2018 are addressing the situation of multi-party arbitrations. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | The arbitral tribunal shall decide on the admissibility, relevance, weight, and materiality of the evidence. The parties are requested to specify the evidence they wish to introduce in the case and indicate, as the case may be, its relevance and the facts and acts they intend to prove. Documents must be filed by the parties in certified copy, but the arbitral tribunal may request the original at any time. The arbitral tribunal may order the parties to identify the written evidence they intend to submit in support of their claim s and specify the circumstances they intend to prove by the relevant evidence. Upon any of the parties’ request, or, exceptionally, by its own motion, the arbitral tribunal may require the parties to produce any documents or other evidence that may be relevant in the case and material for its decisions. In the case of witness testimony, the parties shall indicate the name and domicile of the witnesses. Where they apply for the preparation of an expert report, the parties shall indicate the objectives of the expertise and the name of the proposed counsellor - expert and, where they apply for a written cross-interrogation and if the other party is a legal person, they shall also provide the questions to be asked to the other part. The arbitral tribunal, following the parties’ agreement, may apply the Rules on the Taking of Evidence in International Arbitration adopted by the International Bar Association. |
| What is the average duration of arbitration proceedings? | The average duration of the arbitration is between 6 months and 1,3 years from commencement. |
| What is the timeframe for rendering the award? | According to the rules if the parties did not agree otherwise the arbitral award must be issued within 6 months form the commencement of the arbitration. |
| Are extensions to time limits permissible? | Yes, based on the parties agreement and in exceptional circumstances, failing the parties agree with the approval of the president of the court. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes, the arbitral tribunal may issue interim measures. Yes, the ordinary courts have the possibility to issue interim measures and there is a competing competency. |
| Do the institutional rules provide for an emergency arbitrator? | Yes. The institution of the emergency arbitrator is applicable to all arbitrations started after with 1st of January 2018. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes. The New rules are providing specific rules for the expedite proceedings, and the award is to be issued no later than 3 months from the first hearing date. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | The award is deciding also on the costs. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. The grounds for annulment are listed in art. 608 of the Civil procedural code and in general they are corresponding to the reasons for denial of the enforcement and recognition on Romanian territory of foreign awards listed by the NY Convention to which Romania is a party. |
| Link to institutional rules | Rules for arbitration may be found in English Version at the link: English version of the Regulation on arbitration fees and expenses may be found at the following link: http://arbitration.ccir.ro/wp-content/uploads/2018/05/Schedules-of-arbitral-fees-and-expenses.pdf |
| Link to model clause | the standard arbitration clause is included in Annex I A of the Rules of arbitration and reads as follows: STANDARD ARBITRATION CLAUSE “Any dispute arising out of or in connection with the present contract, including with respect to its conclusion, nullity, interpretation, performance or termination thereof shall be resolved by final arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, in accordance with its Arbitration Rules. The award shall be final, binding and enforceable”. Recommended additions: “The arbitral tribunal shall consist of [... to insert the option of the parties for three arbitrators/sole arbitrator and the method for their appointment]”. “The seat of arbitration shall be [ to insert the country/ city...]”. “The language of arbitration shall be [... to insert the language chosen by the parties]”. “The dispute shall be governed by the substantive law of [... to insert ]”. Or “The arbitral tribunal shall decide the dispute ex æquo et bono or as amiable compositeur”. |
Lex Mundi Global Arbitration Institutions Guide
Romania
(Europe) Firm Nestor Nestor Diculescu Kingston PetersenContributors Sorina Olaru
Updated 29 Oct 2018Court of Internationan Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry
Bucharest, Romania
Yes. The Romanian Chamber of Commerce and Industry
President of the Court/ Management Board/Plenum/ Scientific Council/Secretariat of the Court of Arbitration
As a general rule the arbitrators are selected from a List of Arbitrators. However, the parties are allowed to appoint, as arbitrators, individuals that are not registered on the List of Arbitrators,and they may serve if the parties appointed them in this position, in a certain dispute and, they meet the requirements provided by the Regulations for organizing the Court of arbitration's activity and those set out by the Rules of Arbitration of the Court of Arbitration.
As a general rule the parties are allowed to freely select the place of arbitration. However, to the extent that the arbitration dispute is considered completely domestic, the choice of a foreign seat might be considered by a court of law as not being valid. To the extent that the parties did not made their choice for the place of arbitration, and the arbitration is to be solved according to the Rules of Arbitration then according to art. 28 (1) from the Rules, the seat of the arbitration shall be at the offices of the Court. The arbitral tribunal, after consulting the parties, shall be able to conduct the arbitration, in full or in part, at any place that it deems appropriate, and the additional costs incurred shall be borne by the parties, but in all cases, the award shall be deemed to have been made at the seat of the Court of Arbitration.
~ 150 Euro:
150 Euro registration fee+ +13.300 Euro registration fee +12,900 Euro arbitrator fee
150 Euro registration fee + +( € 18,300 plus 0.3% for the amounts exceeding € 2,000,000 registration fee) as administrative fee + 3X (17,900 plus €0.3% for the amounts exceeding € 2,000,000)
150 Euro registration fee + +( € 18,300 plus 0.3% for the amounts exceeding € 2,000,000 registration fee) as administrative fee + 3X (17,900 plus €0.3% for the amounts exceeding € 2,000,000)
The claimant shall pay the arbitration fee (registration fee+) corresponding to the arbitration claim , to be calculated in accordance with the Schedules of Arbitral Fees and Expenses in force on the date when the request for arbitration is filed, within a 10-day time limit running from the date of communication of the notice by the Secretariat of the Court. Upon the claimant’s request and subject to the circumstances of the case, the time limit may be extended pursuant to a reasoned decision of the President of the Court. If the proof of payment of the arbitration fee is not submitted within the time limit and subject to the conditions communicated by the Secretariat of the Court, the request for arbitration shall be returned to the claimant. The same provisions shall be applicable in case of a counterclaim.
No. There is no procedural document similar to the terms of reference to be executed by the parties, however the rules are providing for a case management conference at the beginning of the procedure aimed to organize, schedule and establish the applicable procedural rules, including with respect to evidence, and the stages for filing the written submissions. At the end of the case management conference or immediately thereafter, the arbitral tribunal shall have the power to establish, by a procedural order, a provisional procedural timetable for the arbitration, including, inter alia, the time-limits for the submission of memoranda, if applicable, and the approximate date set for oral arguments and for the issuance of the award. This case management conference is considered the first hearing of the case. Also, after this case management conference, no party shall amend its existing claims or make new claims, objections or requests, unless it has been authorized to do so by the arbitral tribunal, which shall consider the nature of such new claims, objections or requests, the stage of the arbitration, the harm caused to the other party by delaying the proceedings, as well as other relevant circumstances. Furthermore a summary of the arguments of the parties and any decision adopted by the arbitral tribunal within or outside arbitration hearings shall be recorded in a procedural order.
The languages usually encountered in communication with the Arbitral institution are Romanian, English, and French.
The Secretariat of the Court of Arbitration
According to the Rules, unless the parties have agreed otherwise, the language of the arbitration shall be Romanian. However, Upon request by any of the parties, the arbitral tribunal, considering the relevant circumstances and the position of the parties, may decide that the arbitration shall be conducted in another language other than Romanian.
The new Rules of Arbitration, enacted as of the 1st of January 2018 do not operate with the concept of substitute arbitrators. In case the appointment of an arbitration is terminated due to any of the following reasons, resignation, challenge, physical or moral incapacity, revocation or death, the Rules for appointing the Arbitral Tribunal shall be once more applicable. The convention of the parties in relation to the appointment of an Arbitral tribunal shall be followed and the intervention of the Court is limited to those operations necessary to ensure the continuation of the arbitration proceedings.
Yes. art. 16 and 17 from the new rules of arbitration enacted upon 1 st of January 2018 are addressing the situation of multi-party arbitrations.
No.
The arbitral tribunal shall decide on the admissibility, relevance, weight, and materiality of the evidence. The parties are requested to specify the evidence they wish to introduce in the case and indicate, as the case may be, its relevance and the facts and acts they intend to prove. Documents must be filed by the parties in certified copy, but the arbitral tribunal may request the original at any time. The arbitral tribunal may order the parties to identify the written evidence they intend to submit in support of their claim s and specify the circumstances they intend to prove by the relevant evidence. Upon any of the parties’ request, or, exceptionally, by its own motion, the arbitral tribunal may require the parties to produce any documents or other evidence that may be relevant in the case and material for its decisions. In the case of witness testimony, the parties shall indicate the name and domicile of the witnesses. Where they apply for the preparation of an expert report, the parties shall indicate the objectives of the expertise and the name of the proposed counsellor - expert and, where they apply for a written cross-interrogation and if the other party is a legal person, they shall also provide the questions to be asked to the other part. The arbitral tribunal, following the parties’ agreement, may apply the Rules on the Taking of Evidence in International Arbitration adopted by the International Bar Association.
The average duration of the arbitration is between 6 months and 1,3 years from commencement.
According to the rules if the parties did not agree otherwise the arbitral award must be issued within 6 months form the commencement of the arbitration.
Yes, based on the parties agreement and in exceptional circumstances, failing the parties agree with the approval of the president of the court.
Yes, the arbitral tribunal may issue interim measures. Yes, the ordinary courts have the possibility to issue interim measures and there is a competing competency.
Yes. The institution of the emergency arbitrator is applicable to all arbitrations started after with 1st of January 2018.
Yes. The New rules are providing specific rules for the expedite proceedings, and the award is to be issued no later than 3 months from the first hearing date.
No.
The award is deciding also on the costs.
Yes. The grounds for annulment are listed in art. 608 of the Civil procedural code and in general they are corresponding to the reasons for denial of the enforcement and recognition on Romanian territory of foreign awards listed by the NY Convention to which Romania is a party.
Rules for arbitration may be found in English Version at the link:
English version of the Regulation on arbitration fees and expenses may be found at the following link: http://arbitration.ccir.ro/wp-content/uploads/2018/05/Schedules-of-arbitral-fees-and-expenses.pdf
the standard arbitration clause is included in Annex I A of the Rules of arbitration and reads as follows: STANDARD ARBITRATION CLAUSE “Any dispute arising out of or in connection with the present contract, including with respect to its conclusion, nullity, interpretation, performance or termination thereof shall be resolved by final arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, in accordance with its Arbitration Rules. The award shall be final, binding and enforceable”. Recommended additions: “The arbitral tribunal shall consist of [... to insert the option of the parties for three arbitrators/sole arbitrator and the method for their appointment]”. “The seat of arbitration shall be [ to insert the country/ city...]”. “The language of arbitration shall be [... to insert the language chosen by the parties]”. “The dispute shall be governed by the substantive law of [... to insert ]”. Or “The arbitral tribunal shall decide the dispute ex æquo et bono or as amiable compositeur”.