Court definition and offices

Art. 1 (1) The Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry, hereinafter referred to as the Court of Arbitration, is a permanent, non-governmental arbitration institution, with no legal capacity, independent in exercising its duties, organized and operating under Law no. 335/2007 on Romanian chambers of commerce and under the provisions hereof.

(2) The Court of Arbitration offices are located in Romania, Bucharest, 2, Octavian Goga Boulevard, sector 3.

Court mission

Art. 2. The Court of Arbitration mission consists of promoting the commercial and civil, domestic and international arbitration, of organizing the arbitral tribunals operation, as well as the alternative disputes resolution methods.

Arbitration organization

Art. 3. The Court of Arbitration has the following powers:

a) organizes and manages the commercial and civil, domestic and international disputes settlement by means of institutionalized arbitration and ad-hoc arbitration, under the terms set out herein, in the Rules on the Court of Arbitration College organization and operation, in the procedural rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, provisions of the Civil procedural code, of special applicable laws and international conventions ratified by Romania.

Arbitration agreements models

b) drafts arbitration agreements models and disseminates such to the business environment.

Arbitration issues

c) debates the commercial and civil, domestic and international arbitration general issues, law-related issues, as well as issues related to arbitration practice.

Arbitration activity promotion

d) cooperates with the other arbitration entities of each regional Chamber of Commerce, in order to perform joint activities related to the commercial and civil, domestic and international arbitration promotion.

Procedural rules unification

e) pursues the consistent implementation of the Arbitration procedural rules of the Court of Arbitration attached to the Romanian Chamber of Commerce and Industry by the arbitral tribunals organized and operating within the Romanian Chambers of Commerce System.

Arbitration practice records

f) keeps records regarding the arbitration practice; develops arbitration practice compendia; ensures the documentation related to civil and commercial, domestic and international arbitration.

Arbitration activity improvement

g) makes recommendations related to the improvement of civil and commercial, domestic and international arbitration organization and performance.

Monitors the arbitration institution progress

h) cooperates with other permanent arbitration institutions abroad and monitors the arbitration progress in the European Union and at international level.

Organizes the alternative disputes resolution methods

i) organizes alternative disputes resolution methods, in particular the prior conciliation and mediation.

Performance of other duties

j) performs the duties set out in the Arbitration Procedural rules of the Court of International Commercial Arbitration.

Assistance upon request, for ad-hoc arbitration organization

k) assists the parties, upon the express and written request thereof, regarding the ad-hoc arbitration organization.

Court structure

Art. 4 (1) The Court of Arbitration consists of arbitrators, approved for 3 years offices by the Elected Management Board of the Romanian Chamber of Commerce and Industry (hereinafter referred to as the National Chamber), upon the National Chamber President’s recommendation, after consulting the President of the Court of Arbitration, from the individuals who meet the requirements set out herein.

Eligibility for the arbitrator position

(2) An arbitrator may be any individual, Romanian or foreign citizen, with full exercise capacity of his/her rights, who benefits of an outstanding reputation and with a high qualification and professional expertise.

Registration on the List of arbitrators

(3) The registration on the List of arbitrators shall take place under the following circumstances:

• written application;
• certificate proving at least ten years of actual experience in juridical activities involving specialized university education;
• curriculum vitae;
• credentials according to art. 21 in the Rules hereof;
• affidavit of knowledge of the provisions of art. 28 in the Procedural Rules of the Court of International Commercial Arbitration, regarding arbitrators’ responsibility;
• concerning the attorney-at-law, affidavit of knowledge of the provisions of art. 27 in the Procedural Rules of the Court of International Commercial Arbitration, regarding the incompatibilities emerging from the capacity of attorney-at-law and of understanding to disclose immediately to the arbitral tribunal such incompatibilities;
• approval of the National Chamber Elected Management Board.

(4) The file containing all registration documents shall be filed at the secretary of the Court of Arbitration Secretarial Office, no later than five days before the ordinary session of the National Chamber Elected Management Board referred to in par. ( 6), and after obtaining the advisory approval of the President of the Court of Arbitration, shall be referred to the National Chamber Chancellery.

Foreign arbitrators

(5) May also be registered on the List of arbitrators, under the terms set out at par. 1, arbitrators registered on the Lists of arbitrators of other permanent arbitration institutions located abroad, under the written approval of the relevant individuals.

Examination of the applications for registration on the List of arbitrators

(6) The National Chamber Elected Management Board examines the applications for registration on the List of arbitrators once a year, as a general rule during the first ordinary session of the year.

Drafting the List of arbitrators

(7) The arbitrators shall be mentioned in the List of arbitrators in alphabetical order, for each arbitrator setting out the scientific titles held and the professional background, and in case of Romanian arbitrators domiciled in a different locality than the Court of Arbitration, such locality shall also be mentioned.

(8) Notwithstanding the above, the President of the National Chamber and the Court of Arbitration College members shall be mentioned at the beginning of the List of arbitrators.

Arbitrators’ appointment

(9) The appointment as arbitrator/chairman of an institutionalized arbitral tribunal takes place only in compliance with the requirements set out herein, applicable to all domestic and international arbitrators included on the List.

Deleting the arbitrators from the List of arbitrators. Procedures

Art. 5 (1) The arbitrators may only be removed from the List of arbitrators in case of breaching the obligations related to their arbitrator mission, by the National Chamber Management Board, based on a report submitted by the Court of Arbitration College.

(2) The Management Board resolution may be challenged by the relevant person within 15 days from the service thereof, at the National Chamber Elected Management Board, which shall pass a final resolution immediately notified to the claimant.

(3) In case of severe breaches, the arbitrator may be excluded from the List of arbitrators by the National Chamber Elected Management Board.

(4) For the purpose of par. (3) above, severe breaches shall mean:

a) incorrectness in the arbitrator mission, by violating the impartiality principle proved through any evidence approved by the law;

b) prejudices against the honor or reputation of another arbitrator included on the Court of Arbitration List of arbitrators or of a National Chamber Elected Management Board member, by means of allegations, verbal or written, stating facts that, if real, might cause the public despise against such person;

c) a criminal conviction through a final court resolution, due to a criminal offense willingly performed.

(5) The Elected Management Board of the National Chamber final resolution related to the exclusion from the List of arbitrators shall be notified to all domestic and foreign Courts of Arbitration.

(6) The resolution passed by the National Chamber Elected Management Board is final and may be challenged within 15 days from the service thereof, at the General Assembly of the National Chamber.

(7) The resolution passed by the General Assembly of the National Chamber regarding the resolution review shall be irrevocable.

Appointment as arbitrator of an individual not included on the List of arbitrators

Art. 6. In case the party shall appoint as arbitrator an individual not included on the List of domestic and international arbitrators, provided by the Court Secretarial Office, the arbitration shall become subject to the ad-hoc arbitration rules, performed in compliance with the provisions of Part II of the Procedural rules of the Court of International Commercial Arbitration, except when in the content of the arbitration agreement the competent arbitration institution is nominated, in which case the arbitration shall be bound to be conducted under the Rules and Regulations of the Court of Arbitration.

The Court College

Art. 7 (1) The Court of Arbitration activity is coordinated by a College consisting of a President, Prime Vice-president, Vice-president, Scientific secretary and three members, approved by the National Chamber Elected Management Board, upon the National Chamber President’s recommendation.

(2) The Court of Arbitration College shall carry out its activities based on the Rules approved by the National Chamber Elected Management Board, upon the National Chamber President’s recommendation.

The Court in plenum

Art. 8. All arbitrators included on the List of arbitrators represent the Court of Arbitration in plenum.

Powers of the Court in plenum

Art. 9 (1) The Court of Arbitration, in plenum, debates the Court of Arbitration College reports, regarding the activity performed by such College and also legislative matters which, if settled differently by arbitral tribunals, may lead to an uneven practice.

Calling the Court sessions in plenum and chairing thereof

(2) The Court of Arbitration sessions in plenum shall be called within 5 days from the resolution passed by the Court College and shall be chaired by the President of the Court of Arbitration.

(3) In case the President of the National Chamber shall attend the Court of Arbitration sessions in plenum, the latter shall chair such meetings.

Obligation to attend the Court sessions in plenum

(4) No person included on the List of arbitrators is entitled to unjustified absence from the Court of Arbitration session in plenum. The absence from two Court sessions in plenum can generate the removal from the List of arbitrators.

(5) The Court sessions in plenum shall take place twice a year, namely one spring session and one autumn session.

The Court Secretarial Office

Art. 10 (1) The Court of Arbitration has its own Secretarial Office within the Law and Legislation Division of the Romanian Chamber of Commerce and Industry.

(2) The Court Secretarial Office operates under the Organization and operation rules of the National Chamber and under the Resolution on the Court of Arbitration Secretarial Office organization and operation.

(3) The arbitration assistant is employed as legal counsel.

Definition of the arbitral tribunal

Art. 11 (1) For the purpose of these Rules, the arbitral tribunal consists of a sole arbitrator or, as the case may be, of all arbitrators appointed in compliance with the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania procedural rules.

Non-intromission obligations

(2) The Romanian Chamber of Commerce and Industry and the Court of Arbitration are not entitled to interfere, through arbitration organization and management, in the dispute settlement nor to influence the arbitral tribunal in any way whatsoever.

Dispute settlement

(3) The dispute settlement belongs solely to the arbitral tribunal and takes place in compliance with the Arbitration procedural rules, in compliance with the laws in force and applicable to such dispute.

Arbitrators’ appointment

Art. 12 (1) The arbitrators’ appointment in a certain dispute and the arbitral tribunal set up take place in compliance with the provisions hereof and with the Arbitration procedural rules.

Appointing authority

(2) The arbitrators’ appointing authority shall be vested to the President of the National Chamber to the extent the party has failed to select an arbitrator from the List, within the legal term.

List of chairmen of the arbitral tribunal

(3) Based on the List of arbitrators, the Appointing authority, after consulting the President of the Court of Arbitration, shall draft the List of chairmen of the arbitral tribunal.

Appointing the chairman of the arbitral tribunal

(4) The chairman of the arbitral tribunal appointment represents the exclusive prerogative of the Appointing authority and takes place based on qualification and professional expertise criteria.

Exercising the arbitrator / chairman of the arbitral tribunal activity

Art. 13 (1) The arbitrator/ chairman of the arbitral tribunal shall exercise his activity individually and shall not be deemed as a representative of the appointing party, being independent and impartial.

Arbitrator’s/ chairman of the arbitral tribunal ’s obligations

(2) The arbitrator/ chairman of the arbitral tribunal part of the arbitral tribunal should show the availability required by the arbitration powers exercise, in due time, based on the Court Secretarial Office agenda, in good faith and with professionalism.

Arbitrator/ chairman of the arbitral tribunal activity priority

(3) The arbitration activity related to the cases in which he has been selected or appointed shall become a priority of the arbitrator/ chairman of the arbitral tribunal, compared to any other activities thereof.

Sanctions

(4) Failure or delay in fulfilling the obligations arising from the arbitrator mission shall be sanctioned by withholding of fees due to a rate of 5% for each day of delay.

(5) 60% of the amounts resulting are due to the Chamber of Commerce and Industry of Romania and 40% are earmarked to the fund of the Court of International Commercial Arbitration College.

Arbitrators/ chairmen of the arbitral tribunal replacement

Art. 14. An arbitrator/ chairman of the arbitral tribunal shall be replaced for the reasons and under the terms set out in the Arbitration procedural rules.

Court resources structure

Art. 15 (1) The Court of Arbitration resources shall be ensured from the registration fee and from the arbitration fees collected in consideration of the rendered services.

Arbitration fees determination

(2) The registration fee and the arbitration fees shall be set out by the Rules on arbitration fees and expenses, approved by the National Chamber Elected Management Board, upon the Court of Arbitration College recommendation.

Arbitration fees purpose

(3) The registration fee covers the costs for commencement of the administrative procedure for setting up the case file.The arbitration fees are intended for covering the costs related to disputes organization, performance and settlement activities, arbitrators’ fees and documentation, Secretarial Office expenses, as well as other expenses required for the Court of Arbitration operation.

Benefits for Court College members and arbitration assistants

(4) The President of the Court of Arbitration shall have a monthly wage equal with the one received by the Chamber of Commerce and Industry of Romania Vice-presidents, the Prime Vice-president, Vice-president, Scientific secretary of the Court of Arbitration shall have a wage representing half of the Court President wage.

(5) The Court College members shall benefit of a session allowance representing half of the session allowance received by the National Chamber Elected Management Board members.

(6) The arbitration assistants shall receive benefits depending on the performed activity thereof.

Setting up the fund

(7) The Court of Arbitration shall set up a fund consisting of 10% of the arbitrators’ fees, intended for paying the benefits set out at par. (4) - (6), as well as other expenses.

Ensuring the conditions

Art. 16. The National Chamber shall ensure appropriate conditions required for the Court of Arbitration activity performance.

The confidentiality obligation

Art. 17. The Court of Arbitration, the arbitral tribunal, as well as the National Chamber employees shall be bound to ensure the arbitration confidentiality.

Scope of the Rules

Art. 18 (1) The provisions hereof are governing the Court of Arbitration and arbitral tribunal organization.

Legal provisions governing the parties’ relations

(2) The relations between litigant parties, on one hand, and the Court of Arbitration and the arbitral tribunal, on the other hand, regarding the disputes subject to arbitration, are governed by these Rules, by the Arbitration procedural rules and by the applicable provisions of the Civil procedural code, in compliance with art. 4 of the European Convention on international commercial arbitration, signed in Geneva, on April 21 st, 1961, and the Arbitration Rules of the United Nations Commission for International Commercial Law, passed on December 15 th, 1976 (UNCITRAL).

Drafting the Arbitration procedural rules

Art. 19 The Arbitration procedural rules of the arbitral tribunals of the Court of Arbitration shall be drafted by the Appointing authority and by the Court of Arbitration President, who shall submit these for the approval of the Court of Arbitration College, in compliance with the provisions of art. 29 (5) of Law no. 335/2007 on Romanian Chambers of Commerce.

The Rules approval and effective date

Art. 20 (1) These Rules have been approved by the National Chamber Elected Management Board under art. 4 letter i), art. 28 par. (2) letter e) and art. 29 par. (3) of Law no. 335/2007.

Rules of the Court of Arbitration College

(2) The relevant provisions of Law no. 335/2007 as well as of the European Convention on international commercial arbitration, signed in Geneva, on April 21 st, 1961, and of the Arbitration Rules of the United Nations Commission for International Commercial Law, passed on December 15 th, 1976 (UNCITRAL), the Rules on the Court of Arbitration organization and operation, the Court of Arbitration College Rules, the Arbitration procedural rules and the Regulations on arbitration fees and expenses shall set up the Arbitration Codex.

(3) All provisions to the contrary shall be abrogated as of the effective date hereof.

(4) The Rules hereof shall be published in the Official Monitor of Romania, Part I.

Provision of the arbitration Codex and the List of arbitrators.

(5) The Law and Legislation Division of the National Chamber shall ensure the provision of the Arbitration Codex and List of arbitrators to all interested parties.

Recommendation for registration on the List of arbitrators

Art. 21. In case of persons who intend to be register with the List of arbitrators further to the effective date hereof, the recommendation set out at art. 4, par. (3) should be obtained from a Court of Arbitration arbitrator with a minimum length of service of 6 years, in this capacity.