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Rules of the Court of International Commercial Arbitration College

 

Chapter I

General provisions

 

The Court College

Art. 1. The general coordination of the activity performed by the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry (hereinafter referred to as the National Chamber) is ensured by the Court of Arbitration College, hereinafter referred to as the Court College.

 

College set up

Art. 2. The Court College is recommended by the Chairman of the National Chamber and approved by the Management Board thereof.

 

Chapter II

Organization and operation

College structure

Art. 3 (1) The Court College has the structure set out by the provisions of art. 7(1) of the Regulation on the organization and operation of the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry.

Members office

(2) The Court College members office shall be of three years.

(3) The office may end prior to expiry date:

- due to natural causes,

- through resignation,

- based on office release, in compliance with a procedure correlative to the appointment.

Powers of the Court Chairman

Art. 4 . The Chairman of the Court of Arbitration shall have the following powers:

a) manages the Court of Arbitration College;

b) chairs the Court College meetings and the Court of Arbitration sessions in chambers;

c) represents the Court of Arbitration in domestic and international relations;

d) submits to the Constitutional Court the notifying conclusion on the non-constitutionality exception issued by the arbitration court;

e) submits the Arbitration proceedings rules for the Court College’s approval;

f) verifies the appropriate performance of the Court College activity;

g) appoints the arbitral tribunal in order to determine the arbitration claim extinction;

h) endorses the arbitrators’ fees determined by the Court Secretarial Office;

i) orders the arbitration proceedings end in compliance with art. 73 (3) of the Arbitration proceedings rules.

Powers of the Prime Deputy Chairman

 

Art. 5 . The Court College Prime Deputy Chairman coordinates and verifies the current organization and operation activity of the Court and is the legal replacement of the Court Chairman.

Powers of the Deputy Chairman

Art. 6 . The Court College Deputy Chairman is responsible for promoting the Court image at domestic and international level.

Powers of the scientific secretary

Art. 7 . The Court College scientific secretary coordinates the domestic and international scientific activity of the Court of Arbitration.

 

 

College members obligations

Art. 8. The Court College members with no obligations set out by means of powers expressly set out herein, shall have responsibilities related to the appropriate operation of the Court of Arbitration, determined by the Chairman of the Court.

Report submission

Art. 9 . The Chairman of the Court College or, in his absence, the Prime Deputy Chairman, shall be bound to provide the Management Board of the National Chamber, during the annual meetings, with a Court of Arbitration business report, hereinafter referred to as the Court Report.

Calling the Court College

Art. 10 (1) The Court College shall meet based on the Court of Arbitration Chairman convening, once a month or whenever required. The calling notice may be sent by mail, fax, phone or e-mail, 3 days prior to the meeting scheduled date, and shall include the agenda.

(2) The Chairman of the National Chamber shall be entitled to request the Court Chairman to call the College. In case of refusal, the Chairman of the National Chamber shall be entitled to call the Court of Arbitration College, under the National Chamber Management Board approval.

College set up

(3) The Court College shall be duly gathered in the presence of half plus one of its members.

Decisions passing

(4) The Court College shall pass resolutions with the majority of votes cast by the present members. The Court College members have deliberative voting rights. In case of tie vote, the vote expressed by the Court Chairman shall determine the passed resolution.

Meetings management

(5) The Court College meetings shall be chaired by the Court of Arbitration Chairman or by the Prime Deputy Chairman in his absence, except for the meetings attended by the Chairman of the National Chamber, in which case the meetings shall be chaired by the latter.

Court College Resolutions

(6) The Court College resolutions shall be registered in the minutes of the meeting, subject to a special regime, drafted by the chief arbitration assistant, signed by the person who has chaired the meeting, and shall be implemented by the Court of Arbitration Secretarial Office. The minutes shall be provided, in copy, to the National Chamber Chairman Chancellery.

 

 

Chapter III

Powers

 

Powers of the Court College

Art. 11 The Court College shall have the following powers:

a) ensures the general coordination of the Court of Arbitration activity ;

b) ensures a unitary practice of all awards passed by the Romanian arbitral tribunals in domestic and international, civil and commercial disputes, in which purpose may subject to the Court of Arbitration in plenum, the debate of legislative maters which are given different interpretations;

c) debates the breaches or inappropriate implementation of the procedural regulations in the disputes settled by the arbitral tribunals and notifies the Court in chambers regarding the findings ;

d) organizes the development of Court of Arbitration jurisprudence compendia and approves the publication thereof ; ensures the procurement of foreign documentation, in particular regulations related to commercial arbitration ;

e) recommends to the Court of Arbitration Chairman the organization of national and international workshops /conferences ;

f) approves the Arbitration proceedings rules of the Court of International Commercial Arbitration recommended in compliance with art. 29 (5) of Law no. 335/2007 on Romanian Chambers of Commerce;

g) drafts and submits the Regulations on arbitration fees and expenses, for the approval of the National Chamber Management Board;

h) decides regarding the requirement to dismiss an arbitrator in a certain dispute due to any of the actions set out at art. 22 B) of the Arbitration proceedings rules;

i) finds the existence of certain conflicts of interests and recommends the arbitrator’s replacement based on the provisions of the Arbitration proceedings rules ;

j) notifies the Court in chambers regarding the activity performed by the Court of Arbitration ;

k) approves the Organization and Operation decision of the Court of International Commercial Arbitration Secretarial Office of the National Chamber;

l) distributes the fund set up according to art. 15 item 7 of the Court of Arbitration Rules.

 

 

Chapter IV

Final provisions

 

Approval and effective date

Art. 12 These Rules have been approved by the National Chamber Management Board during the fourteenth session, of 24.02.2010, and shall enter into force as of the approval date hereof.

 

Cancellation provision

Art. 13 All provisions to the contrary shall be cancelled as of the effective date hereof.

 

 

  

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