-Model –

STANDARD SUBMISSION AGREEMENT

 

The undersigned:

  1. ……………… (name/designation; name of the legal or conventional representatives; domicile/headquarters; number of registration with the Trade Registry; telephone, telex, fax numbers, e-mail address and other identification data, as the case may be), hereinafter referred to as party 1, and
  2. (the same details), hereinafter referred to as party 2,

we ascertain that a dispute arose between us in connection with Contract no. …….. dated……….. , which has the following subject matter:

Party 1 claims that ……. (brief presentation of the claims)

Party 2 claims that ……… (brief presentation of the objections).

The undersigned agree that this dispute shall be settled by arbitration organized by the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, in accordance with its Arbitration Rules. The award to be made in this dispute shall be final, binding and enforceable.

The Parties may also add, at their discretion, the following information:

  1. “The arbitral tribunal shall consist of Mrs./Mr. …………………. as sole arbitrator.”

Or

“The arbitral tribunal shall consist of a sole arbitrator appointed by the President of the  Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania”.

Or

“The arbitral tribunal shall consist of three members: Mrs./Mr. ……………. arbitrator appointed by party 1 and Mrs./Mr.: …………………. arbitrator appointed by party 2. The two arbitrators shall elect a chairperson, subject to the terms and conditions provided by the Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania.” (alternate solution: “The chairperson shall be appointed by the President of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania”.

Or

“The arbitral tribunal shall be constituted according to these Arbitration Rules”.

  1. “The arbitral tribunal shall decide the dispute under the law, with the application of the Romanian law/norms of substantive law of [… to insert]”.

Or

“The arbitral tribunal shall decide the dispute in equity (ex æquo et bono) or as amiable compositeur”.

  1. “The seat of arbitration shall be …………………. (if different from the seat of the Court of Arbitration)”.
  2. “The arbitral tribunal shall issue the award within …… months (if the parties agree to set a period longer or shorter than 6 months, as provided by the Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania)”.

Concluded in two originals, at …… , today, ………. .

Signature of party 1,                                                   Signature of party 2,