Arbitration forms

Art. 1. Arbitration can be institutionalized or ad-hoc, according to the provisions of art. 341 of the Romanian Civil procedural code and to the provisions of art. 4, letter i), art. 28(2), letter e) and art. 29, par. 3 of Law 335/2007 on Romanian Chambers of Commerce and in compliance with art. 1 sub-clause 2, letter b) and art. 4, par. 1 of the European Convention on International Commercial Arbitration, signed at Geneva, on April 21 st, 1961.

Institutionalized arbitration organization

Art. 2. The institutionalized arbitration is organized by the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry , hereinafter referred to as the Court of Arbitration , under the Court of Arbitration organization and operation rules , Court of Arbitration College rules, Civil procedural code provisions , unless these Arbitration proceedings rules, hereinafter referred to as the Rules, set out otherwise .

Legal nature of arbitration disputes

Art. 3 (1) The Court of Arbitration organizes and manages the settlement of certain commercial and civil, domestic or international disputes , by means of institutionalized or ad-hoc arbitration, to the extent the parties have executed a written arbitration agreement in this respect and expressly request such action .

(2) For the purpose hereof, the civil dispute means any dispute under a civil agreement, including with respect to the execution, performance or termination thereof, as well as under other arbitration-related civil legal relations.

(3) The commercial dispute means any dispute under a commercial agreement, including with respect to the execution, performance or termination thereof, as well as under other arbitration-related commercial legal relations .

(4) The dispute is domestic whenever the parties hold Romanian nationality or citizenship, and the legal relation has no extraneity elements that might require the foreign jurisdiction .

(5) The dispute is international whenever it originates from a legal relation related to international trade or from civil legal relations with extraneity elements that might require the foreign jurisdiction , even when the actually governing law is the Romanian law .

Individuals’ capacity to enter into arbitration agreements

Art. 4. All individuals with full capacity of exercising their rights are entitled to settle their disputes by means of arbitration, except for the disputes related to the civil status and individuals’ capacity, family relations, as well as the rights that cannot be alienated by the parties.

Institutionalized arbitration definition

Art. 5 (1) The institutionalized arbitration consists of empowering, by means of the arbitration agreement , an arbitral tribunal of the Court of Arbitration , to judge a certain dispute and to pass a final and binding award, in compliance with these Rules.

The arbitration court

(2) The sole arbitrator or, as the case may be, all appointed arbitrators set out, for the purpose hereof, the arbitral tribunal of the Court of Arbitration.

Jurisdiction

(3) The dispute settlement belongs solely to the arbitration court.

Ensuring the parties’ rights

Art. 6. The entire arbitration proceedings must ensure , under the penalty of arbitral award nullity , the parties’ equal treatment, the compliance with the rights of defense and the principle of contradictoriality .

Confidentiality obligation

Art. 7 (1) The Court of arbitration , the arbitral tribunal, as well as the entire personnel of the Romanian Chamber of Commerce and Industry are bound to ensure the arbitration confidentiality , not being entitled to publish or disclose the data acquired during the performance of their duties , without the parties’ approval .

(2) The dispute file is confidential. Except for the relevant dispute parties , no other persons shall benefit of access to such file without the parties’ written approval.

Exceptions

Art. 8 (1) The arbitral awards can be published in whole only under the parties’ approval . However, such awards can be published in part , or as a summary or with observations related to the occurred legal issues , in magazines, works or arbitration jurisprudence selection works, without disclosing the parties names , or other data that might prejudice their interests.

(2) The Court of Arbitration Chairman or , in his absence, the Prime Deputy Chairman, shall be entitled to authorize, on a case by case basis, the files investigation for scientific or documentary purposes, after the arbitration awards shall become final .

Good faith

Art. 9 . The parties shall be bound to exercise their procedural rights set out herein and in the Romanian Civil procedural code in good faith and in compliance with the purpose regarding which such rights have been recognized . The parties shall be bound to cooperate with the arbitral tribunal in order to ensure the appropriate proceedings performance and the completion thereof within the set out term.

Amiable settlement attempt

Art. 10 (1) During any stage of the proceedings , the arbitral tribunal will attempt to settle the dispute based on the parties’ agreement .

Reasonable term

(2) The arbitral tribunal shall endeavor to facilitate such understandings, in order to settle the arbitration dispute within a reasonable term , thus enabling the parties to resume the normal relations .

The arbitration agreement

Art. 11. The arbitration agreement shall be executed in writing , either as a compromissory clause , included in the main agreement, either as an independent understanding, called compromise .

The compromissory clause

Art. 12 (1) By means of the compromissory clause the parties agree that all disputes under the main agreement or related thereto shall be settled by means of arbitration.

(2) The compromissory clause shall remain valid irrespective of the main agreement validity.

The compromise

Art. 13. Through compromise the parties agree the settlement of any dispute between them by means of arbitration, by stating the dispute matter, under the penalty of nullity.

Other forms

Art. 14 (1) The arbitration agreement may also generate from an arbitration claim filed by the claimant, following the respondent’s acceptance regarding the settlement thereof by the Court of Arbitration .

(2) The respondent’s acceptance may also be implied, but unambiguous.

Arbitration agreement execution by the State and public authorities

Art. 15. In compliance with the law or international conventions ratified by Romania, the state and governmental authorities shall be entitled to enter into arbitration agreements in commercial and civil disputes.

The exclusive jurisdiction of the arbitral tribunal

Art. 16 (1) The arbitration agreement execution excludes, with respect to the relevant dispute, the courts of law jurisdiction.

(2) The arbitral tribunal shall verify its own jurisdiction and shall decide in this respect by means of a conclusion that can only be cancelled through the cancellation action filed against the arbitral award, according to art. 91 hereof.

Arbitral tribunal set up

Art. 17 (1) The arbitral tribunal consists of arbitrators and may consist of either a sole arbitrator, either of two arbitrators and chairman of the arbitral tribunal, selected or appointed from the Court’s List of arbitrators.

(2) The parties shall decide whether the dispute shall be judged by a sole arbitrator or two arbitrators. In case of parties’ failure to determine the number of arbitrators, the dispute shall be judged by a panel consisting of 3 arbitrators, one selected by either party or appointed by the Appointing authority, and the third one – the chairman of the arbitral tribunal – appointed by the Appointing authority in all cases.

(3) Each appointment of an arbitrator or chairman of the arbitral tribunal shall be accompanied by the appointment of an alternate arbitrator or chairman of the arbitral tribunal .

Appointing the arbitrator

Art. 18. In case the parties or either party has failed to select an arbitrator, or has failed to select the arbitrator within the term set out at art. 33 and art. 34 hereof, the arbitrator shall be appointed by the Appointing authority .

Arbitrators’ independence

Art. 19 (1)The arbitrators are independent and impartial in the fulfillment of their jurisdictional duties.

(2) The arbitrators are not the parties’ representatives.

Individual nature of arbitrators’ appointment

Art. 20. Neither party shall be entitled to appoint an arbitrator on behalf of the other party.

Arbitrator’s appointment in case of several parties

Art. 21. In case of several claimants or respondents, the parties with common interests shall appoint one arbitrator.

Arbitrators’ appointment, dismissal, replacement

Art. 22. The arbitrators shall be appointed, dismissed or replaced as follows:

Arbitrators’ appointment

A) The arbitrator shall be appointed by the party, based on selection, or by the Appointing authority, based on appointment, from the Court of Arbitration List of arbitrators.

Arbitrators’ dismissal

B) The arbitrator shall be dismissed in case of one of the following actions:

a) in case, further to the execution of the Mission Deed, unjustifiably waives the arbitrator / chairman of the arbitral tribunal mission;

b) in case fails to attend the arbitration session, with no solid grounds;

c) in case he delays the dispute settlement for no solid grounds;

d) in case the award is not passed within the term agreed by the parties or set out herein;

e) in case he fails to comply with the arbitration confidential nature;

f) in case he repeatedly breaches his duties.

Arbitrators’ replacement

C) The arbitrator’s replacement shall be ordered in case of refrain, challenge, dismissal, waiver, death or other impeding reasons, by the selecting party, within five days after becoming aware of such circumstances, or by the Appointing authority, within three days, unless the party selects another arbitrator, or such other arbitrator has been initially appointed by the Appointing authority.

Dismissal procedure

Art. 23 (1) The dismissal circumstances can be certified by any member of the Court College and shall be discussed within the College, which shall also decide in case such arbitrator has been selected by the parties.

(2) The document drafted according to par. (1), endorsed by the College, shall be registered with the Court Secretarial Office and sent, as the case may be, to the Appointing authority, accompanied by an arbitrator / chairman of the arbitral tribunal dismissal and replace Neither ment report.

Challenging the arbitrators, arbitration assistants and experts

Art. 24 (1) The challenges against the arbitrators, arbitration assistants and experts shall be subject to the provisions of the Civil procedural code regarding challenges against judges.

(2) The challenging claim shall be settled by the arbitral tribunal, in the absence of the challenged arbitrator, who will be replaced by the Court of Arbitration Chairman, Prime Deputy Chairman or by an arbitrator appointed by them.

Art. 25 (1)The challenge must be filed, under the penalty of extinction, within 10 days from the date when such party became aware of the arbitrator’s appointment or, as the case may be, from the challenging reason occurrence.

(2) Neither party shall be entitled to challenge the appointed arbitrator for other reasons than those occurred or acquired further to the appointment date.

Arbitrators refraining

Art. 26. The arbitrator/ chairman of the arbitral tribunal who, after signing the Mission deed, finds out that he is subject to a challenging reason, which impedes his independence and impartiality, shall be bound to refrain himself. The refraining statement shall be registered in the session conclusion, and his place shall be taken by the alternate arbitrator/ chairman of the arbitral tribunal .

Incompatibilities generated by the attorney capacity

Art. 27 (1) The arbitrator who is also an attorney-at-law, included on list of eligible lawyers, cannot be part of an arbitral tribunal vested with the settlement of a dispute regarding which he has performed or shall perform legal assistance activities; also, he cannot represent or assist either of the parties in that dispute in front of the tribunals set up within the Court of Arbitration.

(2) The legal assistance activities mentioned at par. 1 cannot be exercised by the attorney who is also a selected or appointed arbitrator in a certain dispute, neither directly nor by means of replacement by another attorney belonging to the same law office.

Arbitrators’ liability

Art. 28. The arbitrators shall be liable for all damages caused to the parties according to the general provisions of the applicable law, for the reasons mentioned at art. 22 B hereof.

Court notifying claim Elements

Art. 29 (1) The claim through which the claimant notifies the Court of Arbitration regarding a dispute settlement, referred to as arbitration application/arbitration claim, should contain the following elements:

(a) surname and forename, domicile or residence of the individual or, in case of legal entities, the name and registered office thereof. There will also be mentioned the personal identification code or, as the case may be, the sole registration code or the tax number, the registration number with the trade register or with the legal entities register and the claimant’s and respondent’s bank account, to the extent known by the claimant. In case the claimant lives/is based abroad, shall also mention the address for service in Romania, where all arbitration dispute notices shall be served;

(b) name and capacity of the person representing the party in the lawsuit, and in case of an attorney, his name and registered office. The representative capacity evidence shall accompany the claim;

(c) the claim matter and value, as well as the determination method of such value;

(d) the factual and grounds supporting each particular of the claim, with reference to appropriate written supporting instruments or to other evidence;

(e) the arbitration agreement, by attaching a copy of the containing contract, or a copy of the compromise;

(f) the party’s signature and stamp, in case of legal entities. In case of claims filed through an attorney, this shall be signed and stamped by the latter.

(2) All written instruments shall be filed in original or copy certified by the party.

(3) In case the arbitration claim or the written instruments have been drafted in a foreign language, the arbitral tribunal, ex officio or upon request, may order the party to provide a translation thereof in Romanian language or in an international language, in case of an international civil or commercial arbitration.

(4) The parties may request in writing the translation through the Court of Arbitration Secretarial Office.

Claim registration

Art. 30 (1) The drafted claim shall be registered with the Court of Arbitration secretarial office and shall be distributed to an arbitration assistant for the preparing procedures, based on the names alphabetical order or on cases registration order.

(2) The arbitration claim filing date shall be deemed as the date of registration thereof with the Court of Arbitration Secretarial Office, and in case of registered letter, the date affixed by the transmission postal office. The envelope shall be attached to the claim.

Documents provided to the parties

Art. 31 (1) The arbitration assistant , following the distribution of the registered claim, shall send to the parties , together with the Notifying deed, the Arbitration Codex, the List of arbitrators, as well as any other documents related to the arbitration dispute.

(2) Either party shall be entitled to receive copies of all documents related to the dispute and issued by the other party.

Information provided to the claimant

Art. 32. The parties shall receive the following information by means of the Notifying deed:

(1) The claimant shall be notified regarding:

a) his right to select a main arbitrator and an alternate arbitrator from the List of arbitrators and to notify the Court Secretarial Office regarding his decision;

b) his obligation to fill-in all arbitration claim elements;

c) his financial obligation towards the Court of Arbitration;

d) his obligation to submit all documents supporting his arbitration claim allegations, in order to be provided to the other parties, unless filed together with the arbitration claim.

Information provided to the respondent

(2) The respondent shall receive a copy of the claimant’s claim and copies of all documents filed by the claimant and shall be notified regarding:

a) his right to accept the arbitrator recommended by the claimant as sole arbitrator or to select a main arbitrator and an alternate arbitrator from the List of arbitrators;

b) his obligation to express his position regarding the claimant’s claim, by means of a counter claim;

The counter claim shall have thecontents set outby the Civil procedural code, and the provisions of art. 29 hereof shall apply accordingly.

The failure to file a counter claim shall not be deemed as a recognition of the claimant’s claims, but in case of a continuance due to these reasons, the respondent may be bound, upon the claimant’s request, to bear all continuation related costs;

c) the right to raise claims against the claimant, means of the counter claim, if under the same legal relation.

The counter claim should meet the same requirements as the arbitration claim and shall be settled at the same time as the latter. Whenever the arbitration claim can be solely settled, the counter claim may be settled separately. The arbitral tribunal shall resolve in this respect by means of the conclusion.

Arbitrator’s selection by the claimant

Art. 33 (1) Within 10 days after receiving the Notifying deed, the claimant shall be bound to select an arbitrator and to notify the Court whether he agrees with a sole arbitrator.

(2) The claimant’s option regarding the sole arbitrator and alternate arbitrator’s selection shall be notified to the respondent by the arbitration assistant.

Arbitrator’s selection by the respondent

Art. 34 Within 10 days after receiving the Notifying deed , the respondent shall have the following options :

a) to notify the Court Secretarial Office regarding his agreement related to the claimant’s recommendation;

b) to notify the Court Secretarial Office regarding the selection of another arbitrator from the List of arbitrators, who, together with the arbitrator recommended by the claimant , shall set up the collegial arbitral tribunal;

c) to refrain himself from notifying an option to the Court Secretarial Office .

The terms legal nature

Art. 35. (1) The terms set out at art. 33(1) and art. 34 represent extinction terms. These terms shall be computed based on free days.

(2) All appointments made by the parties prior to the notification of the Appointing authority regarding the arbitrators’ or sole arbitrator’s appointment shall be null and void.

Arbitral tribunal appointment by the Appointing authority

Art. 36. In case, within the above mentioned terms, the parties shall fail to agree on a sole arbitrator or to select an arbitrator from the List of arbitrators, the arbitral tribunal shall be appointed by the Appointing authority, within 5 days from the lapse of terms granted to the parties.

Chairman of the arbitral tribunal’s appointment

Art. 37. In all cases, the chairman of the arbitral tribunal shall be appointed by the Appointing authority.

Selection / Appointment of the alternate arbitrator / chairman of the arbitral tribunal

Art. 38. Both the parties and the Appointing authority shall be bound to select / appoint an alternate arbitrator / chairman of the arbitral tribunal at the same time as the main arbitrator or chairman of the arbitral tribunal selection/appointment.

Payment of arbitration fees and expenses

Art. 39 (1) Within 10 days from the receipt of the Notifying deed, the claimant shall be bound to pay all arbitration fees and expenses, in the amount determined by the Court Secretarial Office, in compliance with the Regulations on arbitration fees and expenses.

(2) In case of failure to provide evidence regarding the arbitration fee payment in the terms set out by the Court Secretarial Office, the arbitration claim shall be returned to the claimant.

Setting out the arbitration hearing date

Art. 40 (1) Within 5 days from the arbitral tribunal set up date, the Court of Arbitration Chairman or, in his absence, the Prime Deputy Chairman shall set out an arbitration hearing date regarding which the parties shall be summoned.

(2) The term cannot be shorter than 30 days from the date when the subpoenas have been sent to the parties.

Service of process

Art. 41 (1) The Court of Arbitration Secretarial Office , through the arbitration assistant to whom the dispute has been distributed, shall ensure the service of process, through any means that enable the deed’s wording transmission and the receipt confirmation thereof: registered letter with receipt confirmation or mail delivery note, official receiver, overnight courier, e-mail, cable, telex, fax.

(2) The phone notifications shall be registered in a file, by means of a phone note entered by the arbitration assistant, setting out the phone conversation date, time and contact person.

(3) All written instruments sent to the parties shall also be deemed as duly delivered in case the recipient has refused the receipt thereof or has failed to go to the postal office in order to receive them, although he has been notified in this respect.

(4) The written instruments may also be directly provided to the party or to the party’s legal representative against signature certified by the arbitration assistant or by a Court Secretarial Office agent, by setting out the date of delivery.

(5) The service evidence shall be filed in the dispute file .

(6) All notices shall be sent to the address mentioned by the party in the arbitration claim / reply to the claim / counter claim or in the parties’ agreement or correspondence.

(7) Any change of address shall be disregarded unless notified, in writing, to the Court of Arbitration secretarial Office or to the arbitral tribunal, in session.

(8) Whenever the claimant shall state and produce evidence that, despite his reasonable efforts, he could not find out the respondent’s domicile/registered office address or another place where the latter can be legally summoned, the arbitral tribunal shall be entitled to approve the summoning thereof by means of publicity, the provisions of the Civil procedural code applying accordingly.

(9) To the claimant or respondent having a domicile/registered office abroad and summoned for the first hearing date in compliance with the terms hereof, but who has failed to fulfill his obligation of selecting an address for service in Romania, all further notices shall be sent by registered letter, and the letter delivery note issued by the Romanian mail office, setting out the transmitted documents, shall be deemed as a procedure fulfillment evidence.

Arbitration expenses structure

Art. 42. The arbitration expenses consist of: the arbitration fee, the evidence producing expenses, expenses related to the documents translation, to debates, the arbitrators’ fees, the attorney, experts and advisors fees, the travel expenses related to the parties, arbitrators, witnesses, experts and advisors and other expenses generated by the dispute arbitration.

Arbitration fee

Art. 43 (1) The arbitration fee shall remunerate the services rendered by the Court of Arbitration with respect to institutionalized and ad-hoc arbitration organization and performance.

(2) The Court of Arbitration Secretarial Office shall notify the party regarding the mandatory arbitration fee, according to the Regulations on arbitration fees and expenses.

(3) The amount of fees set out at art. 1(1) letter A and B; of the Regulations on arbitration fees and expenses shall refer to one arbitrators.

(4) In case of failure to pay the arbitration fee and other arbitration expenses in compliance with these Regulations, the claim shall be disregarded and the arbitration proceedings shall not be initiated.

Bearing the arbitration fees

(5) The arbitration fees may be split, according to the parties’ agreement.

(6) In case of no such agreement, the arbitration expenses shall be borne by the party in default, in full or, in case the arbitration claim has been approved in part, the arbitration fee expense shall be granted based on the approved claims. The arbitral tribunal shall grant the other expenses to the extent considered as justified, depending on the utility and requirement thereof, based on the case circumstances.

Decreasing the fees

(7) The arbitral tribunal, ex officio or upon the interested party’s request, shall be entitled to decrease the attorney, experts, interpreters fees whenever it shall find that such fees excessively high compared to the dispute value or to the rendered services. In case of attorneys, the measure taken by the arbitral tribunal shall not affect the relations between the attorney and his client.

Payment of indemnities

(8) The arbitral tribunal shall be entitled to order, upon request, the party due to whose default the other party has incurred useless costs, to pay such costs, as indemnities.

Arbitral tribunal setting up methods

Art. 44. The arbitral tribunal shall be set up as follows, as the case may be:

(a) – upon the acceptance by the respondent of the sole arbitrator selected by the claimant from the List of arbitrators;

(b) – upon a sole arbitrator/arbitrator or alternate arbitrator appointment by the Appointing authority, in compliance with the procedural terms set out at art. 33(1) and art. 34 hereof;

(c) – upon the chairman of the arbitral tribunal ’s appointment, in case the parties have selected an arbitrator and the Appointing authority has appointed a chairman of the arbitral tribunal ;

(d) – in case only one party has selected an arbitrator, and the other party’s arbitrator has been appointed by the Appointing authority, upon the chairman of the arbitral tribunal ’s appointment;

(e) – in case neither party has selected an arbitrator, upon both arbitrators’ and the chairman of the arbitral tribunal ’s appointment by the Appointing authority.

Appointment for dispute settlement

Art. 45. The arbitral tribunal shall be set up, following the Declaration of Acceptance execution by the arbitrators, on the date when the chairman of the arbitral tribunal office has been accepted, or, as the case may be, on the date when the sole arbitrator has accepted his mission and shall represent the appointment regarding the dispute settlement.

Arbitral tribunal setting up procedure term

Art. 46. The arbitral tribunal shall be set up within 30 days following the receipt by the respondent of the Notifying deed set out at art. 34 hereof.

The arbitration assistant’s obligation

Art. 47. The arbitration assistant shall be bound to provide the arbitral tribunal with the file containing the entire applicable arbitration jurisprudence.

Definition.Contents

Art. 48. The Declaration of Acceptance represents the document subject to special regime, included in a standard form, according to Schedules 1* and 1A* or, as the case may be, Schedules 2* and 2A* hereto, mentioning:

a) the arbitrator’s/ chairman of the arbitral tribunal’s and alternate’s acceptance;

b) the arbitrator’s/ chairman of the arbitral tribunal’s and alternate’s refusal to be part of the arbitral tribunal;

c) the priority commitment against any other activities of the arbitral tribunal members;

d) a statement under private signature regarding the inexistence of either incompatibility circumstances;

e) the partiers and legal representatives thereof;

f) the dispute matter;

g) the name of arbitration assistant in charge with the dispute;

h) the arbitrator’s/ chairman of the arbitral tribunal’s and arbitration assistant’s signature.

Mission acceptance refusal

(2) In case of the arbitrator’s, chairman of the arbitral tribunal’s or alternate’s refusal to accept the mission, the provisions related to the replacement thereof shall apply.

Pre-arbitration proceedings

Art. 49 (1) Either party subject to pre-arbitration proceedings shall be entitled to request the competent court of law to approve interim measures, related to the dispute matter, or to acknowledge certain factual circumstances.

(2) The approval of such measures shall be notified to the arbitral tribunal by the requesting party, prior to the first hearing day.

Arbitration proceedings

Art. 50 (1) During the arbitration proceedings, the interim measures, as well as the acknowledgement of certain factual circumstances shall be approved by the arbitral tribunal, in compliance with the law.

(2) In case of refusal, the measures ordered through the award passed by the arbitral tribunal shall be implemented in the terms applicable to the implementation of the award passed by the court of law.

Arbitration term

Art. 51. Unless the parties have agreed otherwise, the arbitral tribunal should pass the award within maximum six months from its set up date.

Term suspension

Art. 52. The term shall be suspended during the non-constitutionality exception judgment, or during the judgment of a subsequent claim filed with the competent court of law, or during the arbitral tribunal supplementation, in compliance with the provisions of art. 23 hereof.

Term extension

Art. 53 (1) The parties shall be entitled to agree, anytime during the dispute, the arbitration term extension, either in writing or by means of a verbal statement, in front of the arbitral tribunal and registered in the session minutes.

(2) For solid grounds, the arbitral tribunal may order, by means of a reasoned minute, the arbitration term extension by maximum two months.

(3) The terms shall automatically extend by two months in case of the legal entity’s cease of business or death of either party.

Arbitration caducity

Art. 54. The expiry of the dispute settlement term cannot be deemed as an arbitration caducity ground, unless either party has notified the other party and the arbitral tribunal , prior to the first hearing day, that it understands to claim caducity.

Arbitration venue

Art. 55 (1)The arbitration venue shall be the registered office of the Court of Arbitration, set out at art. 2 of the Rules on the organization and operation of the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry.

(2) In cased the parties shall mutually request the arbitral tribunal , by means of an express and grounded application, to perform the arbitration sessions at a different venue, the arbitral tribunal may approve the parties’ request, by means of a reasoned minute. All costs related to above shall be equally borne by both parties.

First day of hearings

Art. 56 (1) The date fixed under art. 40 shall be deemed as the first hearing day, to the extent the duly summoned parties can file conclusions.

(2) The reply to the claim shall be filed 5 days prior to the first hearing day, under the penalty of extinction.

(3) The counter claim may be filed together with the reply to the claim or at a further date, prior to the first hearing day, the latest.

(4) On the said term, the parties shall be bound to answer to the arbitral tribunal :

a) whether they have received the Arbitration Codex;

b) whether they have any unclear issues related to the Court regulations and the Arbitration proceedings rules;

c) whether they have objections regarding the arbitral tribunal jurisdiction and set up;

d) whether they consider a reconciliation;

e) whether they have any relative exceptions to raise;

f) whether they understand a judgment in equity;

g) whether they have filed other claims, memoranda or other written instruments.

(5) The answers shall be registered in the session conclusion.

Arbitration assistant session obligations

Art. 57. The arbitration assistantshall be bound to make the case report on each hearing date, as follows:

• to announce the dispute pending with the arbitral tribunal ;
• to make the parties’ roll call;
• to declare the summoning procedure fulfilled/unfulfilled;
• to set out the dispute arbitration stage, based on the previous conclusion.

Procedural stages produced in writing

Art. 58. The arbitral tribunal may approve the performance of certain procedural stages, except for witnesses and experts hearing, as well as the conclusions on the case substance, by means of hard copy or electronic correspondence.

Arbitration celerity

Art. 59. Whenever the summoning procedure has been duly fulfilled, the arbitration, even with respect to the case substance, may continue on the following day or on short, successive hearing days, granted and notified to the parties.

Known term

Art. 60. The party who has attended or has been legally represented during a hearing term, shall not be summoned during the entire arbitration proceedings, being implied as aware of the term, unless these Rules set out otherwise.

Changing the term

Art. 61. The known hearing date or the term regarding which the subpoenas have been sent can only be changed by the arbitral tribunal for solid reasons, by summoning the parties.

The party’s absence

Art. 62 (1) The duly summoned party’s failure to attend shall not impede the dispute debate, unless the missing party shall request, by means of an application received by the arbitral tribunal on the date of debate, the latest, the case continuation for solid reasons, also notifying the other party. The continuation may only be granted once.

Case continuation

(2)The continuation can be ordered at the beginning of the arbitration session and by only one arbitrator.

Judgment based on the filed documents

(3) Either party shall be entitled to request, in writing, the dispute judgment in absence, based on the filed documents.

Parties’ absence

Art. 63 (1) In case both parties, although duly summoned, shall fail to attend the hearing term, the arbitral tribunal shall judge the case, unless a continuation has been requested for solid reasons.

(2) The arbitral tribunal may also postpone the case judgment by summoning the parties, in case it shall consider that the parties’ presence or certain evidences are required.

Parties’ presence during the debates

Art. 64 (1) The parties are entitled to attend the case debates either in person or through legal representatives and may be assisted by attorneys, advisors, interpreters or other persons.

Third parties’ attendance at the debates

(2) Other persons may also attend the case debating session under the parties and arbitral tribunal approval.

The session conclusion

Art. 65. (1) The arbitration debates shall be registered in the session conclusion.

(2) All arbitral tribunal orders shall be registered in the conclusion and shall be grounded.

(3) The session conclusion shall include, in addition to the provisions set out at art. 79(1) letters a) and b), the following data:

a) the summoning procedure fulfillment method;

b) a brief description of the session;

c) the parties’ claims and allegations;

d) grounds related to the ordered measures;

e) enacting terms;

f) arbitrators’ and arbitration assistant’s signatures.

(4) The parties shall be entitled to take note of the conclusions content and file documents.

(5) Upon the parties’ request or ex officio, the arbitral tribunal shall be entitled to correct or supplement the session conclusion, by means of another conclusion.

(6) The parties shall be provided, upon request, with a copy of the session conclusion, through the arbitration assistant. The application shall be filed during the session or separately, in which case shall be filed with the Court of Arbitration Secretarial Office.

Burden of proof

Art. 66 (1) Either party shall be bound to prove the circumstances on which its claim or defense is based.

(2) In order to settle the dispute, the arbitral tribunal shall be entitled to request the parties to file written explanations regarding the claim matter and the dispute circumstances, and to order any evidence set out by the law.

Evidence assessment

(3) The evidences shall be assessed by arbitrators, according to their opinion based on factual and legal grounds.

Lack of oath

Art. 67. The witnesses and experts shall be heard without requiring an oath.

Exception that can be raised prior to the first hearing day

Art. 68. Any exception regarding the arbitration agreement existence or validity, the arbitral tribunal set up, the arbitrators’ power limits, as well as any other exception should be raised, expressly and under the penalty of extinction, by means of the reply to the claim and on the first hearing day, the latest.

Raising the public order exceptions

Art. 69 (1) The public order exceptions can be raised anytime during the arbitration dispute, unless the Civil procedural code and these Rules expressly set out otherwise.

(2) The arbitral tribunal lack of jurisdiction cannot be raised after the arbitrators’ appointment by the parties and after the respondent has filed a reply to the claim or a counter claim, without mentioning this issue.

Non-constitutionality exception

Art. 70 (1) The non-constitutionality exception related to laws and ordinances can be raised upon the request of either party or ex officio, by the arbitral tribunal , in compliance with the law on the Constitutional Court organization and operation.

(2) The Constitutional Court notification shall be ordered by the arbitral tribunal in front of which the non-constitutionality exception has been raised, by means of a conclusion that shall contain the parties’ opinions, the arbitral tribunal opinion regarding such exception, and accompanied by evidences produced by the parties.

(3) In case the exception has been raised ex officio, the conclusion must be grounded, and should also contain the parties’ allegations, as well as the required evidence.

(4) In case of an inadmissible exception, contrary to the Constitutional Court organization and operation law, the arbitral tribunal shall reject it by means of a reasoned minute, without notifying the Constitutional Court.

(5) The notifying conclusion, together with all appendices thereto, shall be sent to the Constitutional Court accompanied by a cover letter signed by the Court of Arbitration Chairman.

Filing applications, memoranda and written instruments

Art. 71 (1) All parties’ applications and memoranda shall be filed prior to the first hearing day, the latest, and notified to the parties through the arbitration assistant.

Evidence requested further to the first hearing day

(2) The evidences not requested according to par. 1 shall no longer be requested during the arbitration proceedings, unless:

a) the evidence requirement results from the debates;

b) the evidence provision does not generate the case judgment delay.

Covering the procedural irregularities

Art. 72 (1) The procedural irregularities shall be covered unless raised by the party during the first hearing day following such irregularity and prior to filing conclusions on the substance.

(2) No person shall be entitled to raise irregularities due to his/her own action.

Arbitral award

Art. 73 (1) The arbitration proceedings shall end by means of the issuance of an arbitration decision, referred to as arbitral award.

(2) In case the respondent shall admit part of the claimant’s claims, the arbitral tribunal, upon his request, shall pass a partial award based on such approval.

(3) In case the claimant shall waive arbitration or even his claimed right, prior to the arbitral tribunal set up, the arbitration proceedings shall end by means of a conclusion passed by the Court of Arbitration Chairman, following a report drafted by the chief arbitration assistant.

Dispute settlement

Art. 74 (1) The arbitral tribunal shall judge the dispute based on the main agreement and addenda thereto, the produced evidences and the applicable legal regulations, by also considering the commercial practice, as the case may be.

(2) Based on the parties’ express agreement, the arbitral tribunal shall be entitled to settle the dispute in equity. In such case, the award shall be passed based on the arbitral tribunal’s own opinion, by lightening the legal regulations strict enforcement.

Debates ending

Art. 75 (1) As soon as the arbitral tribunal shall consider that all case circumstances have been sufficiently clarified, shall end the debates and shall proceed to deliberation and to the award passing, during a non-public session, in the presence of all its members.

(2) The award may be postponed by maximum 15 days, to the extent the arbitration term set out for the dispute settlement shall be complied with.

Award passing

Art. 76 (1) Whenever the arbitral tribunal consists of uneven number of arbitrators, the award shall be passed with majority of votes, in case of impossibility to obtain unanimous votes.

(2) The arbitrator who has disagreed shall draft and sign his separate opinion, by stating the supporting circumstances.

Resuming the case

Art. 77. In case during deliberation and prior to passing the award, the arbitral tribunal shall consider that it requires new clarifications, it shall issue a conclusion and the case shall be resumed for additional debates, by setting out a new arbitration hearing, by summoning the parties, to the extent the arbitration term set out for the dispute settlement shall be complied with.

Arbitral award enacting terms

Art. 78 (1) Immediately following the deliberation and award passing, the arbitral tribunal shall draft the award dispositive part, signed by all arbitral tribunal members.

(2) In case of a different opinion, this shall be mentioned in the dispositive part of the award.

(3) The issued dispositive part shall be annotated by hand by the sole arbitrator or chairman of the arbitral tribunal, under the arbitral tribunal members signature, shall be filed in the case file and registered by the arbitration assistant in the Book of Arbitration sessions, on the following day, the latest.

Arbitral award drafting.

Structural elements thereof

Art. 79 (1) The arbitral award shall be drafted in writing and should contain:

a) the arbitral tribunal nominal structure, arbitration assistant’s name, award issuance venue and date;

b) the parties’ names, domicile or residence or, as the case may be, name and registered office, as well as the names of parties’ legal representatives and of other persons who have attended the dispute debates;

c) the arbitration agreement under which the arbitration proceedings have been initiated;

d) the case matter and brief parties allegations;

e) the factual and legal grounds of the award, and in case of arbitration in equity, the award rationale;

f) the enacting terms;

g) signatures of all arbitrators, as well as of the arbitration assistant, under the reserve set out at art. 76 and par. 2 and 3.

(2) In case either arbitrator shall be impeded to sign the award, such impediment reason shall be mentioned, under the chairman of the arbitral tribunal’s signed confirmation, and in case the chairman of the arbitral tribunal shall be impeded, under the signature of the Court of Arbitration Chairman or, in his absence, of the Court Prime Deputy Chairman.

(3) In case the arbitration assistant shall be impeded to sign, the award shall be signed by the chief arbitration assistant or by the replacement thereof, by setting out the relevant reason.

Material errors correction

Art. 80. All errors or omissions related to the parties names, capacity and allegations or the computation errors or omissions, as well as any other material errors in the arbitration awards or conclusions shall be corrected ex officio or upon either party’s request.

Art. 81 (1) The interested party’s application shall be filed within 15 days from the resolution date of receipt, and in case of conclusions, on the following hearing day, the latest. The correction ex officio may take place at all times.

(2) The arbitral tribunal shall resolve on such application by means of a conclusion.

(3) The parties shall only be summoned in case the arbitral tribunal shall require certain clarifications.

(4) The conclusion shall be attached to the award, both in the case file, as well as in the Court of Arbitration awards file, and in case issued ex officio, shall also be sent to the parties.

Clarifying the enacting terms

Art. 82 (1) In case the parties need clarifications regarding the meaning, extent and implementation of the arbitral award enacting terms or this contains adverse provisions, either party shall be entitled to request the arbitral tribunal that has passed the award to clarify the enacting terms or to remove the adverse provisions, within 15 days from the award date of receipt.

(2) The arbitral tribunal shall settle the said application with celerity, through a conclusion, by summoning the parties.

(3) The provisions of art. 81 par. 4 first sentence shall apply accordingly.

Awards supplementation

Art. 83 (1) In case, through the issued award, the arbitral tribunal has failed to judge a main or collateral particular to the claim or a related or collateral application, the parties shall be entitled to request the award supplementation, within 15 days from the award date of receipt.

(2) The application shall be judged with celerity, by summoning the parties, through a separate award.

(3) The provisions of art. 81 par. 4 first sentence shall apply accordingly.

(4) The provisions of this article shall also apply in case the arbitral tribunal has failed to express its opinion regarding the witnesses, experts, translators, interpreters or defenders applications, with respect to their rights.

Recourse

Art. 84 (1) The conclusions issued under art. 81 and 82, as well as the arbitral award passed under art. 83 (1) may only be cancelled by means of a setting aside.

(2) The parties shall not be bound to pay the expenses related to the resolution correction, clarification or supplementation.

Notification of the arbitral award

Art. 85. The arbitral award shall be drafted and signed within maximum one month following the issuance thereof. For solid reasons, the Court of International Commercial Arbitration Chairman shall be entitled to extent the said term by maximum   30 days .

Arbitral award

Art. 86 (1) The arbitral award shall be final and binding. It shall be freely implemented by the party in default, immediately or within the term set out in the award.

(2) The arbitration assistant shall be bound to provide the arbitral award to the parties within 3 days from the drafting date thereof.

(3) The arbitral award notified to the parties shall have the effects of a final and binding award rendered by a court of law.

Writ of execution granting

Art. 87 (1) Upon the winning party request, the arbitral award shall be granted with the force of a writ of execution, according to the law.

(2) The granting application shall be filed with the competent court of law in consideration of the headquarter of the Court of Arbitration.

Writ of execution

Art. 88. The arbitral award granted with the execution force shall represent a writ of execution and shall be subject to enforcement, identical to an award rendered by a court of law.

Arbitral award cancellation

Art. 89. The arbitral award may only be cancelled by means of setting aside, based on one of the following reasons:

a) the dispute was not subject to arbitration settlement;

b) the arbitral tribunal has settled the case in the absence of an arbitration agreement or under a void or inapplicable agreement;

c) the party has been absent during the debating hearing term and the summoning procedure has not been duly complied with;

d) the award has been issued following the arbitration term expiry;

e) the arbitral tribunal has decided on certain issues not referred to its decision or has failed to decide a requested issue or has granted more than requested;

f) the arbitral award fails to contain the dispositive part and the reasoning, fails to mention the date and place of issuance, is not signed by the arbitrators;

g) the arbitral award dispositive part contains provisions that cannot be implemented;

i) the arbitral award violates the public order, the moral order or the legal imperative provisions.

Art. 90 (1) The parties shall not be entitled to waive, through the arbitration agreement, their right to set aside the arbitral award.

(2) However, this right can be waived further to the arbitral award issuance.

Art. 91. The set aside claim may be filed within one month from the arbitral award date of receipt, directly at the court of law having jurisdiction, which shall receive the case file immediately following the application receipt, from the Court of Arbitration Secretarial Office.

Case cancellation

Art. 92 (1) If the case’s normal performance shall be impeded due to the claimant’s fault, due to his failure to fulfill the obligations set out herein, the claimant shall receive a written notice, stating his obligations, and a 10 days term related to the fulfillment thereof, as well as the consequences of such failure.

(2) In case the claimant shall fail to answer or to comply with his obligations within the set out term, the case shall be cancelled under the resolution issued by the Court of Arbitration Chairman, or in his absence by the Court Prime Deputy Chairman, and the arbitration claim shall be returned to the claimant, provided that the arbitration fee shall not be reimbursed.

Arbitration claim extinction

Art. 93 (1) The arbitration claim shall automatically cease in case not administrated for six months, due to the party’s fault.

(2) The extinction shall be certified ex officio or upon the interested party’s request.

(3) In both cases, the Court of Arbitration Chairman or, in his absence, the Court Prime Deputy Chairman shall set out a term and order the parties’ urgent summoning, as well as the drafting, by the Court Secretarial Office, of a report regarding the procedural deeds related to extinction.

(4) The arbitral tribunal shall consist of a sole arbitrator consisting of a Court College member appointed by the Court of Arbitration Chairman or, in his absence, the Court Prime Deputy Chairman.

(5) In case the arbitral tribunal has been set up and the dispute is pending, the extinction shall be passed by the arbitral tribunal in the agreed structure;

(6) In case either party’s summoning procedure has not been fulfilled due to an unknown address or change of address without notifying the new address or the party refuses the receipt or no person has been at the domicile or registered office mentioned in the file documents, such party shall be summoned during the extinction proceedings by means of display at the Secretarial Office door.

Governing rules

Art. 94 (1) The international commercial disputes shall be subject, in addition to the provisions hereof, to the provisions of international conventions ratified by Romania.

Determining the governing law

Art. 95 (1) The parties shall be entitled to determine through their written understanding the law governing the dispute substance.

(2) In the absence of such determination, the law determined by the arbitral tribunal based on pertinent conflict regulations shall apply.

Terms duration

Art. 96 (1) In case of international commercial arbitration, the duration of terms set out regarding the domestic dispute settlement shall be doubled.

(2) Unless the parties have agreed otherwise, the arbitral tribunal shall issue the award within maximum 12 months from its set up date.

Debates language

Art. 97 (1) The case debates at the arbitral tribunal shall take place in the language set out by the arbitration agreement, and in case of no such determination or no further agreement between the parties, the debates shall take place in an international language agreed by the arbitral tribunal.

(2) In case either party shall fail to know the language of the debates an interpreter shall be ensured by the arbitral tribunal, upon the party’s request and expense.

(3) The parties may attend the debates accompanied by their interpreter.

Applicable legal provisions

Art. 102. The ad-hoc arbitration shall take place in compliance with the provisions of the Romanian Civil procedural code book IV “Regarding arbitration” and art. 4 par. 2 and par. 3 of the European Convention on International Commercial Arbitration– Geneva, April 21st, 1961.

Art. 103. The arbitral tribunal selected by the parties, consisting of a sole or several arbitrators, shall be subject to the provisions of art. 3, regarding ad-hoc arbitration.

Effective date

Art. 104 (1) These Arbitration proceedings rules shall come into force on march 25th, 2010.

Transitory provisions

(2) The disputes pending on the effective date hereof shall be settled in compliance with the Procedural rules in force on the claim filing date with the Court.

(3) The disputes suspended on the effective date hereof shall be subject to these Rules upon the judgment resuming date.

(4) The disputes registered with the Court of International Commercial Arbitration Secretarial Office further to the effective date hereof shall be governed by these procedural regulations.

Cancellation of any provisions to the contrary

(5) Any other provisions to the contrary shall be abrogated as of the effective date hereof.

Governing law

Art. 105. The arbitral tribunal shall apply the civil procedural common law, as well as the provisions of the European Convention on international commercial arbitration signed at Geneva, on April 21st, 1961 and the provisions of the Arbitration Rules of the United Nations Commission on International Commercial Law, signed on December 15th, 1976 (UNCITRAL), unless contrary to the provisions hereof.

Schedules

Art. 106. Schedule 3 and Schedule 4 contain arbitration agreement models, namely the Compromissory clause and the Compromise, recommended by the Romanian Chamber of Commerce and Industry.