Arbitration Rules

 

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania adopted by the Board of the Court of International Commercial Arbitration in force as of January 1st 2025

 

CONTENT

 
Article 1. – Scope of the Arbitration Rules
Article 2. – Definitions
Article 3. – Principles of the Arbitration
Article 4. – Confidentiality of the Arbitration
Article 5. – Notifications and communications
Article 6. – Time Limits
Article 7. – Territorial Application of the Rules
Article 8. – Application of the Rules in Time
Article 9. – Interpretation of the Rules
Article 10. – Request for Arbitration
Article 11. – Registration of the Request
Article 12. – Arbitration Fee
Article 13. – Date of Commencement of the Proceedings
Article 14. – Answer
Article 15. – Request for Additional Information
Article 16. – Participation of Third Parties
Article 17. – Consolidation of Proceedings
Article 18. – Number of Arbitrators
Article 19. – Nomination and Appointment of Arbitrators
Article 20. – Date of Constitution of the Arbitral Tribunal
Article 21. – Impartiality and Independence of the Arbitrators
Article 22. – Incompatibility Cases
Article 23. – Challenge of Arbitrators
Article 24. – Termination of the Mission of Arbitrator
Article 25. – Replacement of Arbitrators
Article 26. – Conduct of Proceedings. Applicable Procedural Rules
Article 27. – Procedural Orders
Article 28. – Seat of Arbitration
Article 29. – Language of the Arbitration
Article 30. – Applicable Substantial Law
Article 31. – Case Management Conference
Article 32. – Submission of Memoranda by the Parties
Article 33. – Amendments
Article 34. – Evidence
Article 35. – Witnesses
Article 36. – Hearings
Article 37. – Cases of Default in Complying with Obligations
Article 38. – Cases of Default in Complying with Obligations
Article 39. – Loss of Rights
Article 40. – Interim and Conservatory Measures
Article 41. – Closing of Proceedings and Deliberations
Article 42. – Abandonment of Arbitration
Article 43. – Term of the Arbitration. Time Limit for the Award
Article 44. – Awards. The Order of the President of the Court
Article 45. – Making of the Award
Article 46. – Content of the Award
Article 47. – Effects of Award
Article 48. – Correction and Interpretation of the Awards
Article 49. – Supplementing of Awards
Article 50. – Costs of the Arbitration
Article 51. – Allocation of the Arbitration Costs
Article 52. – General Rules
Article 53. – Liability of Arbitrators
Article 54. – Entry into force
Article 54. – Transitory provisions
Annexes
Annex I A – STANDARD ARBITRATION CLAUSE
Annex I B – STANDARD SUBMISSION AGREEMENT
Annex II – EMERGENCY ARBITRATOR
Annex III – STATEMENT OF ACCEPTANCE, INDEPENDENCE, IMPARTIALITY AND AVAILABILITY
Annex IV – CASE MANAGEMENT TECHNIQUES
Annex V – SPECIAL RULES FOR EXPEDITED ARBITRATION
 

ARBITRATION RULES of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania

 

 

Chapter I Preliminary Provisions

Article 1. – Scope of the Arbitration Rules
 
These Rules set forth the principles and regulations for the resolution of domestic and international disputes subject to institutionalized arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, hereinafter referred to as the “Court of Arbitration”.

 

Article 2. – Definitions
 
In these Rules, the terms and expressions below shall have the following meaning:

1. arbitral assistant – – the specialized person within the Secretariat of the Court of Arbitration fulfiling roles related to the administration of the proceedings before the constitution of the arbitral tribunal, of recording the arguments of the parties, as well as any other roles provided by these Rules or by the Regulation for the Organization and Operation of the Secretariat of the Court of Arbitration;
2. hearing – any arbitration session which shall constitute the frame for the oral phase of the arbitration;
3. the consultation of the parties – requesting the opinion of the parties regarding a measure considered by the arbitral tribunal, through any means of communication, in accordance with Article 5(2) of the Rules;
4. request for arbitration – a request by which an arbitral procedure is initiated;
5. counterclaim – the request for arbitration filed by a respondent within an existing arbitration;
6. Board of the Court – the collective body managing the Court of Arbitration;
7. arbitration agreement – an arbitration clause or a submission agreement concluded by any individuals or legal persons of private or public law; the model for the arbitration agreement is included in annex I to these Rules;
8. procedural order – any preliminary or interlocutory decision rendered during the arbitration, which shall not decide in full the merits of the case or terminate the role of the arbitral tribunal;
9. arbitration dispute – any dispute, arising from a contractual or extracontractual relation, subject to resolution by arbitration;
10. memorandum – the procedural document whereby a party presents its claims or defenses, prepared upon a request of the arbitral tribunal or upon a request of a party and with the approval of the arbitral tribunal;
11. party – any claimant, respondent, intervening party or additional party, participants in the arbitration;
12. President of the Court – president of the Court of Arbitration;
13. arbitral procedure – the procedure for the settlement of an arbitral dispute or for the settlement of certain requests for the adoption of interim or provisional measures, as well as the establishment of factual circumstances;
14. answer – the document whereby the respondent, intervening party or additional party is answering to the request for arbitration;
15. Rules arbitrală – these Arbitration Rules of the Court of Arbitration;
16. Secretariat of the Court – the Secretariat of the Court of Arbitration;

17. award – the final award which resolves in full the merits of the case or terminates the role of the arbitral tribunal;