The Court of Arbitration definition and offices
Art. 1.– (1) The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, hereinafter referred to as the Court of Arbitration, is a permanent arbitration institution, without legal personality, independent with respect to the exercise of its powers, organized and operating in accordance with the Law on Chambers of Commerce of Romania No. 335/2007, as subsequently amended and completed and in accordance with the present Regulations.
(2) The head office of the Court of Arbitration is in Romania, Bucharest, 2 Octavian Goga Boulevard, 3rd District.
The Mission of the Court of Arbitration
Art. 2. – The Court of Arbitration has the mission to organize domestic and international commercial arbitration procedures, as well as other alternative solutions for settlement of legal disputes.
Art. 3.– (1) The Court of Arbitration has the following powers:
Art. 4 (1) The Court of Arbitration consists of arbitrators, approved by the Management Board of the Chamber of Commerce and Industry of Romania, upon recommendations made by the Management Board of the Court of Arbitration, from among the individuals who have met the requirements set out by the Regulations herein and by the Rules of Arbitration of the Court of Arbitration.
(2)On the list of arbitrators of the Court of Arbitration, hereinafter referred to as the List of Arbitrators, can be registered, if they meet the requirements provided by the Regulations set out herein and by the Rules of Arbitration of the Court of Arbitration, individuals that are registered on the lists of arbitrators of other permanent arbitration institutions from abroad.
(5)Individuals that have been irrevocably sentenced of an act provided by the criminal law, committed intentionally, may not become an arbitrator except for the case of amnesty or rehabilitation.
(6)The registration on the List of arbitrators for the Romanian and foreign arbitrators shall take place under the following conditions:
(7)The Court of Arbitration Management Board examines the applications for registration with the List of arbitrators once a year.
(8)The arbitrators shall be mentioned in the List of arbitrators in alphabetical order, indicating for each arbitrator the scientific titles held and his or her defining professional activity, seniority in the specialty, citizenship and domicile or habitual residence.
Removal and suspension from the List of arbitrators
Art. 5. (1) Removal of arbitrators from the List of arbitrators can take place by the means of a reasoned decision of the Court of Arbitration Management Board, by the Management Bureau of the Chamber of Commerce and Industry of Romania, in case of serious breaching of the obligations related to their arbitrators’ mission.
(2)The removal can also be made for the inactivity of the arbitrator for more then three years.
(4)In case of incompatibility in his/her mission as arbitrator, occurred thereafter his/her registration on the List of arbitrators, or in the case of an irrevocable penal conviction, it shall be ordered on request or ex officio for the arbitrator to be suspended by the Management Board of the Court of Arbitration.
The Management of the Court of Arbitration
Art. 6 (1) The Court of Arbitration shall be headed by a Management Board composed of the president, the vice president and 5 members. The president of the Court of Arbitration is approved by the Management Board of the Chamber of Commerce and Industry of Romania, upon the proposal of the president of the Chamber of Commerce and Industry of Romania, from among the arbitrators registered with the list for a 5- year term that may be renewed.
(2)The vice president and the members of the Management Board are proposed by the president of the Court of Arbitration and approved by the Management Board of the Chamber of Commerce and Industry of Romania.
The president of the Court of Arbitration
Art. 7 – The president of the Court of Arbitration
(1)The president of the Court of Arbitration exercises the current Court of Arbitration leadership and it represents it in all domestic and international relations. Also, the president exercises the powers with regard to the organization and administration of arbitration disputes which are conferred by the Rules of Arbitration of the Court of Arbitration.
(2)In case of temporary unavailability to perform his/her duties as president, the replacement is the vice president. Also, the vice president shall exercise the powers delegated by the president.
(3)In the event that the President is in a temporary inability to perform the duties and the Vice President may not, for any reason, replace him/her, the duties shall be exercised by the oldest member of the Management Board of the Court of Arbitration.
The Management Board of the Court of Arbitration
Art. 8 – (1) The Management Board of the Court of Arbitration makes decisions by a majority of the members who can participate in the debates.
The Management Board of the Court of Arbitration has the following main attributions:
(2)The Management Board of the Court of Arbitration exercises its prerogatives on the basis of its own program of activity, which will be evaluated annually during the session of the Plenum of the Court of Arbitration.
(4)The Management Board of the Court of Arbitration may also designate Honorary Members of the Court of Arbitration – in honorem or in memoriam, from among former arbitrators or outstanding personalities in domestic or international legal world.
The Scientific Council of the Court of Arbitration
Art. 9 – (1) The Scientific Council of the Court of Arbitration, hereinafter referred to as the Scientific Council, is an advisory body attached to the Management Board of the Court of Arbitration. The members of the Scientific Council are proposed by the President of the Court of Arbitration and elected by the Management Board of the Court of Arbitration from among specialists with a high academic reputation and / or wide professional experience and recognition in the areas of law, domestic and international economic relations and domestic and / or international arbitration.
(2)The members of the Scientific Council may also be arbitrators or presiding arbitrators.
(4)The Management Board of the Court of Arbitration may ask the Scientific Council for views on any matter concerning the management or the activity of the Court of Arbitration; they have consultative value.
The plenum of the Court of Arbitration
Art.10 – (1) All the arbitrators registered on the List of arbitrators constitutes the plenum of the Court of Arbitration.
(2)The plenum of the Court of Arbitration debates on the activity reports of the Management Board of the Court with regard to the activity performed by the Court, debates legal issues occurred during the activities of the Court of Arbitration, in order to provide a uniform jurisprudence and examines the proposals with regard to the regulations concerning domestic and international arbitration and other modalities of alternative dispute settlement.
(4)The sessions of the plenum of the Court of Arbitration are biannual.
Specialized committees of the Court of Arbitration
Art. 11 – (1) In the event that the Management Board of the Court of Arbitration shall form specialized committees, they will be composed of an uneven number of arbitrators (3 or 5), coordinated by a member of the Management Board of the Court of Arbitration and it shall operate under the program and topics approved by the Management Board of the Court of Arbitration.
The Secretariat of the Court of Arbitration
Art. 12 – (1) The Court of Arbitration operates under a functional structure consisting of: Secretariat composed of specialized personnel and auxiliary personnel coordinated by the chief arbitration assistant.
(2)The specialized personnel is composed of the chief arbitration assistant and arbitral assistants and the auxiliary personnel is composed of referents, typists, archivers – registrars, translators and other employees.
(5)The Secretariat operates under a regulation approved by the Management Board of the Court of Arbitration.
Dispute settlement
Art. 13. – (1) The settlement of the arbitration disputes shall be made by an arbitral tribunal.
(2)For the purposes of this Regulation, the arbitral tribunal shall consist of an uneven number of arbitrators; the appointment of arbitrators shall be made by the parties to the dispute in accordance with the parties’ agreement and the Rules of Arbitration of the Court of Arbitration.
(3)The Chamber of Commerce and Industry of Romania and the Court of Arbitration are not entitled, by organizing and administering the arbitration, to intervene in the settlement of the dispute or to influence in any way the arbitral tribunal.
Obligations of arbitrators and presiding arbitrators
Art. 14. – (1) The arbitrators and the presiding arbitrator shall perform their activity individually, independently and impartially, governed only by the law. The administration of evidence and decision making are made only pursuant to each of the members of the arbitral tribunal’s intimate belief.
(2)The arbitrators and the presiding arbitrator must show the availability requested in order to exercise his or her arbitral competences, in due time, pursuant to the agenda of the Court of Arbitration, in good faith and with professionalism.
Court of Arbitration resources
Art. 15.– (1) The financial resources of the Court of Arbitration shall be formed from registration and arbitration fees, collected in consideration of rendered services.
(2)Registration and arbitration fees shall be set out by the Schedules of arbitral fees and expenses, approved by the Management Board of the Chamber of Commerce and Industry of Romania, pursuant to the Management Board of the Court of Arbitration’s proposal.
(5)Within the Court of Arbitration, a fund consisting of a 5% share of arbitrators’ fees shall be set up, which is intended to reward the personnel of the Court of Arbitration the basis of its performance, special facilities of the Court of Arbitration, business trips made by the Court personnel as well as other expenses related to the good functioning of the Court of Arbitration set out by Management Board of the Court of Arbitration decision: the book collection, the access to legislative databases, subscriptions, the organization of arbitration events intended to promote the commercial arbitration, as well as others similar to this.
Ensuring the conditions necessary to performing the activities of the Court of Arbitration
Art. 16. – (1)Chamber of Commerce and Industry of Romania shall ensure the location and appropriate material conditions required for the Court of Arbitration activity performance.
(2) From the arbitrators’ fees, a share of 10% is retained for the institution organizing the arbitration, respectively the Chamber of Commerce and Industry of Romania.
The confidentiality obligation
Art. 17.– The Court of Arbitration, the Arbitral Tribunal, as well as the Chamber of Commerce and Industry of Romania’s employees, shall be bound to ensure the arbitration confidentiality pursuant to the Rules of Arbitration of the Court of Arbitration.
The Regulations’ approval
Art. 18.– (1) The Regulations set out herein have been approved on the 4th of December 2024 by the Management Board of the Chamber of Commerce and Industry of Romania, pursuant to Article 29 paragraph (3) of Law No. 335/2007, with subsequent modifications and completions.
(2)The content of the Rules of Arbitration is set out by the Management Board of the Court of Arbitration, which approves its drafting and dissemination.
Abrogation of the contrary provisions
Art. 19. – On the date entering into force of the Regulations set out herein, the Rules on the organization and operation of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania approved by the Decision of the Management Board of the National Chamber, published in the Official Gazette of Romania, Part I, No. 1017 from the 21st of December 2017, as any other contrary provisions are abrogated.
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