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The Romanian Court of International Commercial Arbitration

by Vlad Cuc

The Romanian Court of International Commercial Arbitration, supervised by the Romanian Chamber of Commerce and Industry, is a non-governmental, permanent institution for arbitration, without legal personality, independent in exercising its attributions. Its main role is organizing and administering arbitrary Court decisions for civil and commercial litigation, national or international, in the conditions of the Law, if the parties have agreed upon a written arbitration convention.
The Arbitration Court is composed of 45-50 arbitrators, named on 3-year periods by the Management Council of the Chamber of Commerce and Industry. Any natural person, Romanian or foreign citizen, with full capacity of exercising his/her rights can be arbitrator. The arbitrator will also have to have a very good reputation and high qualifications and experience in the area of civil and commercial law and international relations.

All persons who can exercise civil rights can convene upon requesting judgment through arbitration for patrimonial litigations, with certain exceptions.

The arbitration can be judged by certain person specially invested for this matter, if agreed upon through an arbitration convention. The appointed arbitrator will issue a decision which will be final and obligatory for the parties.
The arbitration convention can be concluded either through a clause inserted in the main contract, named “clause of compromise” in the Romanian Law, or through a independent agreement. The arbitration convention stipulates that any litigations arising from the respective contract would be judged through arbitration, mentioning the name of the arbitrators or their method of appointment. If this information is not mentioned than the arbitrators are to be appointed per specific regulations.
In case of arbitration litigation, the plaintiff is obliged to establish the value of the claim, even in the cases where he/she does not have monetary claims. In the case where this value is not correctly estimated then the Court of Arbitration will establish this amount on the basis of existing documents.
Court taxes of the Arbitration Court are higher than normal Courts however this procedure does insure other advantages, such as quicker procedures and issuance of judgments.