REGULATIONS on the Organization and Operation of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania
REGULATIONS on the Organization and Operation of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania
CONTENT
Art.1 – The Court of Arbitration definition and offices
Art.2 – The Mission of the Court of Arbitration
Art.3 – Powers
Art.4 – Court structure. Becoming an arbitrator
Art.5 – Removal and suspension from the List of arbitrators
Art.6 – The Management of the Court of Arbitration
Art.7 – The president of the Court of Arbitration
Art.8 – The Management Board of the Court of Arbitration
Art.9 – The Scientific Council of the Court of Arbitration
Art.10 – The plenum of the Court of Arbitration
Art.11 – Specialized committees of the Court of Arbitration
Art.12 – The Secretariat of the Court of Arbitration
Art.13 – Dispute settlement
Art.14 – Obligations of arbitrators and presiding arbitrators
Art.15 – Court of Arbitration resources
Art.16 – Ensuring the conditions necessary to performing the activities of the Court of Arbitration
Art.17 – The confidentiality obligation
Art.18 – The Regulations’ approval
Art.19 – Abrogation of the contrary provisions
CHAPTER I
General Provisions
(2) The head office of the Court of Arbitration is in Romania, Bucharest, 2 Octavian Goga Boulevard, 3rd District.
Chapter II
Powers of the Court of Arbitration
a) organizes and administers domestic and international disputes by means of institutionalized arbitration under the terms set out in the Regulations herein, by the Rules of Arbitration of the Court of International Commercial Arbitration, hereinafter referred to as the Rules of Arbitration of the Court of Arbitration, by the provisions of Law No. 134/2010 regarding the Civil Procedure Code, republished, hereinafter referred to as the Civil Procedure Code, by special laws in the field and by international conventions ratified by Romania;
b) organizes for the benefit of the parties, upon their request, ad hoc arbitration, for case files where by the means of arbitration convention they have requested this form of arbitration;
c) organizes for the benefit of the parties, upon request, other alternative forms of dispute settlement as mediation, conciliation, adjudication of disputes within business contracts and others likewise.
d) drafts arbitration convention templates which are made available for the business environment.
e) organizes debates related to legal issues or jurisprudence;
f) cooperates with other Courts of Arbitration attached to the Chambers of Commerce and Industry in Romania, with other similar arbitration institutions, domestic and international and with various important figures from areas of interest;
g) keeps records of the arbitration jurisprudence, prepares arbitration jurisprudence compendia and provides documentation in the field of domestic and international commercial arbitration;
h) makes recommendations in order to improve the administration and performance of domestic and international arbitration.
i) performs other duties provided by law, by the Regulations herein and by the Rules of Arbitration of the Court of Arbitration.
Chapter III
Organization and operation 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.
(3) Within the arbitration proceedings organized by the Court of Arbitration there can be also appointed, as arbitrators, individuals that are not registered on the List of Arbitrators, if the parties appointed them in this position, in a certain dispute and, these individuals meet the requirements provided by the Regulations set out herein and by the Rules of Arbitration of the Court of Arbitration.
(4) Any individual may be an arbitrator, Romanian or foreign citizen, provided that he or her has the full capacity to exercise his or her rights, who benefits of an outstanding reputation and enjoys a high level of qualification and professional expertise in the field of law, domestic and international economic relations and domestic and/or international arbitration.
(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:
a) written application, which shall enclose an affidavit of knowledge of the Rules of Arbitration of the Court of Arbitration and does not find itself in any situation of incompatibility;
b) a law degree;
c) evidence of actual experience in law and juridical activities of at least 8 years;
d) filling in the questionnaire drafted by the Court of Arbitration Management Board;
e) approval by the Management Board of the Court of Arbitration.
f) confirmation from the Management Board of the Chamber of Commerce and Industry of Romania.
(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.
(2) The removal can also be made for the inactivity of the arbitrator for more then three years.
(3) The Management Bureau of the Chamber of Commerce and Industry of Romania resolution may be challenged by the relevant person within 15 days from the service thereof, at the Management Board of the Chamber of Commerce and Industry of Romania, which shall render a final resolution immediately notified to the claimant. Until the final resolution is rendered the challenged arbitrator shall be suspended.
(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.
(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.
(3) The president, vice president and members of the Management Board of the Court of Arbitration may be appointed as arbitrators and presiding arbitrators.
(4) The president, vice president and members of the Management Board of the Court of Arbitration may be revoked by the Management Board of the Chamber of Commerce and Industry of Romania. In the case of the vice president and the members, the revocation shall be made upon proposal of 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.
(2) The Management Board of the Court of Arbitration has the following main attributions:
a) ensures the general management of the Court of Arbitration;
b) adopts the Rules of Arbitration of the Court of Arbitration;
c) performs the tasks related to the organization and administration of arbitration disputes, which are conferred by the Rules of Arbitration of the Court of Arbitration;
d) confirms the arbitrators appointed by the parties in the hypothesis provided by art. 4 paragraph 3 of this Regulations set out herein;
e) adopts the draft Regulation of the Management Board of the Court of Arbitration and submits it to the Management Board of the Chamber of Commerce and Industry of
Romania for approval;
f) proposes, if necessary, amendments to the Regulations set out herein, as well as to the Schedules of arbitral fees and expenses;
g) approves the List of Arbitrators;
h) convenes the Plenum of the Court of Arbitration;
i) adopts the Regulations of the Secretariat of the Court of Arbitration;
j) may set up specialized committees, determining their composition, their scope of activity and their duration;
k) elects the members of the Scientific Council of the Court of Arbitration;
l) may decide to postpone the payment of arbitrators’ fees until the final ruling on the award rendered by the action for annulment in cases where the exception on the lack of jurisdiction has been raised before the arbitral tribunal or the exception on unlawful constitution of the arbitral tribunal;
m) may decide to reduce the number of arbitrators’ fees in the case of unjustified delay in the drafting of arbitral awards by more than 2 months;
n) organizes the drawing up of jurisprudence collections of the Court of Arbitration and advises on their publication; ensures the procurement of national and foreign documentation necessary for the performance of the arbitrators’ activity;
o) performs any other duties provided by law, by the Regulations set out herein and by the Rules of Arbitration of the Court of Arbitration.
(3) 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 designate an Honorary President of the Court of Arbitration, from among personalities with high academic reputation with wide recognition in the field of law and with a major contribution to the activity and affirmation of the prestige of the Court of Arbitration.
(5) 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.
(2) The members of the Scientific Council may also be arbitrators or presiding arbitrators.
(3) The Scientific Council shall be headed by a president, appointed by the President of the Court of Arbitration at the proposal of the members of the Scientific Council; he/she will be able to attend, at the invitation of the Management Board of the Court of Arbitration at any Board meeting with an advisory vote.
(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.
(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.
(3) The sessions of the Plenum of the Court of Arbitration are convened pursuant to the decision of the Management Board of the Court of Arbitration and are conducted by the president of the Court of Arbitration.
(4) The sessions of the plenum of the Court of Arbitration are biannual.
(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.
(3) The Arbitration assistants and the chief arbitral assistant are employed as legal advisers under the organizational chart of the Chamber of Commerce and Industry of Romania.
(4) The positions chart, the number of personnel, the employment and remuneration of the specialized and auxiliary personnel shall be approved by the management of the Chamber of Commerce and Industry of Romania, on the proposal of the Management Board of the Court of Arbitration
(5) The Secretariat operates under a regulation approved by the Management Board of the Court of Arbitration.
(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.
(2) The arbitrators and the presiding arbitrator must show the availability requested in order to exercise his or hers arbitral competences, in due time, pursuant to the agenda of the Court of Arbitration, in good faith and with professionalism.
(3) The arbitrators and the presiding arbitrators exercise their prerogatives and fulfill their missions pursuant to Article 21 paragraph (1)-(3) of the Constitution of Romania, republished and to the provisions of Article 6, paragraph (1) of the European Convention of Human Rights, which guarantees the right to a fair trial and settled in a reasonable timeframe, as well as the right to an independent and impartial tribunal.
Chapter IV
Resources
(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.
(3) The registration fees cover the costs of initiation of the administrative procedure in order to set up the arbitration file; the arbitration fees are intended for covering the costs related to disputes organization, performance and settlement activities, arbitrators’ fees and documentation, Secretarial Office expenses, as well as other expenses required for the Court of Arbitration operation.
(4) The members of the Management Board of the Court of Arbitration are entitled to an allowance covered from the administrative fees pursuant to the conditions set out herein by the Rules of the Court of Arbitration Management Board.
(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.
(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.
Chapter V
Common, final and transitional Provisions
(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.
(3) The Court Secretariat shall ensure upon request, by any means, access to whoever may be interested to the Rules of Arbitration and the Schedules of arbitral fees and expenses.
(4) The Regulations set out herein shall enter into force starting the 1st of January 2025.