{"id":143054,"date":"2026-07-10T11:10:28","date_gmt":"2026-07-10T11:10:28","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143054"},"modified":"2026-07-10T11:10:28","modified_gmt":"2026-07-10T11:10:28","slug":"romania-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/romania-litigation\/","title":{"rendered":"Romania: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143054","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-romania"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Andronic and Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/08\/AndronicAndPartners-Logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Andronic and Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/08\/AndronicAndPartners-Logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Romania<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Romanian legal system recognises several mechanisms for the resolution of disputes, the most commonly used being litigation before the state courts and arbitration.<\/p>\n<p>Court litigation remains the predominant dispute resolution mechanism, particularly in commercial, administrative, insolvency and corporate disputes.<\/p>\n<p>Romanian courts have jurisdiction over a broad spectrum of civil and commercial matters and provide a fully codified procedural framework governed primarily by the Romanian Civil Procedure Code.<\/p>\n<p>Arbitration is also increasingly used, especially in construction, energy, infrastructure, and cross-border commercial disputes.<\/p>\n<p>Institutional arbitration before the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR) remains the most common form of domestic arbitration, although international parties frequently opt for ICC, VIAC or other foreign arbitral institutions.<\/p>\n<p>Mediation is also recognised under Romanian law and courts may encourage parties to attempt amicable settlement; however, mediation remains comparatively underutilised in complex commercial disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Commercial litigation in Romania is primarily governed by the Romanian Civil Procedure Code.<\/p>\n<p>The procedural framework is highly codified and regulates all stages of the proceedings, including jurisdiction, filing requirements, evidence, interim relief, appeals and enforcement.<\/p>\n<p>Special procedural rules apply in certain areas, including administrative litigation, insolvency, labour disputes and public procurement disputes.<\/p>\n<p>Romanian civil procedure is guided by several fundamental principles, including equality of arms, adversarial proceedings, the right to defence, procedural good faith and the obligation of the court to actively manage proceedings.<\/p>\n<p>Proceedings are generally conducted in writing during the initial phases, followed by oral hearings focused on the administration of evidence and final pleadings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Romanian court system is structured hierarchically.<\/p>\n<p>At first instance, claims are generally heard by district courts, tribunals or courts of appeal, depending on the subject matter and value of the dispute.<\/p>\n<p>District courts typically handle lower-value and less complex disputes.<\/p>\n<p>Tribunals act as courts of first instance for significant commercial disputes, insolvency matters, administrative disputes and corporate litigation.<\/p>\n<p>Courts of appeal hear appeals against decisions rendered by lower courts and also act as courts of first instance in certain categories of administrative disputes.<\/p>\n<p>The High Court of Cassation and Justice is the supreme court of Romania and represents the final court of appeal in civil and commercial matters.<\/p>\n<p>Specialised panels or sections exist within many courts for commercial, insolvency and administrative matters.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The duration of litigation in Romania depends significantly on the complexity of the dispute, the court\u2019s workload and the volume of evidence.<\/p>\n<p>In straightforward commercial disputes, a first-instance judgment may be obtained within approximately 12 to 18 months.<\/p>\n<p>More complex matters, particularly those involving technical expert evidence, multiple parties, insolvency elements or jurisdictional objections, may last several years.<\/p>\n<p>Appeal proceedings generally add an additional 6 to 18 months, while second appeals before the High Court of Cassation and Justice may further extend the overall duration.<\/p>\n<p>Romanian courts have implemented increased digitalisation and procedural management measures in recent years, which have moderately improved efficiency in certain jurisdictions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Court hearings are generally public under Romanian law.<\/p>\n<p>However, the court may order hearings to be conducted in closed session where necessary to protect public order, confidential information, private life interests or the interests of minors.<\/p>\n<p>Court files are not fully public in the sense commonly encountered in certain common law jurisdictions.<\/p>\n<p>Parties and their representatives have full access to the case file, while third parties must generally demonstrate a legitimate interest in order to obtain access.<\/p>\n<p>In practice, access to documents filed with the court by unrelated third parties is relatively restricted.<\/p>\n<p>Certain categories of proceedings, including matters involving minors, family law or classified information, benefit from enhanced confidentiality protections.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general limitation period for civil and commercial claims under Romanian law is three years.<\/p>\n<p>However, numerous exceptions apply.<\/p>\n<p>Claims concerning rights over immovable property may be imprescriptible or subject to longer limitation periods.<\/p>\n<p>Construction related claims, professional liability claims, insurance disputes and tax matters may also be governed by specific limitation regimes.<\/p>\n<p>The limitation period generally starts running from the date on which the claimant knew or should have known of both the damage and the person liable.<\/p>\n<p>Limitation periods may be interrupted or suspended under the conditions expressly provided by the law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian law generally does not impose extensive mandatory pre-action protocols comparable to those existing in certain common law jurisdictions.<\/p>\n<p>Nevertheless, in some areas, preliminary procedures are mandatory.<\/p>\n<p>For example, administrative litigation generally requires a prior administrative complaint before court proceedings may be initiated.<\/p>\n<p>Similarly, in certain public procurement disputes, specific preliminary procedural requirements may apply.<\/p>\n<p>Parties frequently exchange formal notices, payment demands or contractual claim notifications before commencing proceedings, particularly in commercial and construction disputes.<\/p>\n<p>Failure to comply with mandatory preliminary procedures may result in the dismissal of the claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Proceedings are commenced by filing a statement of claim with the competent court.<\/p>\n<p>The statement of claim must comply with formal requirements prescribed by the Civil Procedure Code, including identification of the parties, factual allegations, legal grounds, evidence relied upon and the relief sought.<\/p>\n<p>Following registration, the court conducts a preliminary review of the claim and may request amendments or clarifications. Service is mandatory.<\/p>\n<p>Unlike certain common law jurisdictions, service is generally conducted by the court, typically through postal services, court agents or procedural agents.<\/p>\n<p>Electronic communication has become increasingly used, particularly between represented parties and courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian courts determine jurisdiction based on domestic procedural rules, European Union regulations and applicable international treaties.<\/p>\n<p>Jurisdiction is assessed by reference to subject matter jurisdiction, territorial jurisdiction and, where relevant, international jurisdiction.<\/p>\n<p>In cross-border disputes involving EU parties, Romanian courts apply the Brussels I bis Regulation and other relevant European instruments.<\/p>\n<p>Parties may agree jurisdiction clauses in commercial contracts, subject to mandatory jurisdictional rules.<\/p>\n<p>Romanian courts may also decline jurisdiction where valid arbitration agreements exist.<\/p>\n<p>Jurisdictional objections are typically examined at an early stage of the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian courts determine the applicable law by reference to Romanian private international law rules, European Union regulations and international conventions.<\/p>\n<p>In contractual disputes, the Rome I Regulation generally applies. In non-contractual matters, the Rome II Regulation governs the determination of the applicable law.<\/p>\n<p>Romanian courts generally uphold contractual governing law clauses agreed by commercial parties, subject to mandatory overriding provisions and public policy considerations.<\/p>\n<p>Where no valid choice of law exists, courts apply the connecting factors established by the relevant conflict-of-law rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian procedural law provides several mechanisms enabling the resolution of claims without the need for a full evidentiary trial.<\/p>\n<p>Courts may dispose of actions on procedural grounds, including lack of jurisdiction, limitation periods, inadmissibility, or other procedural impediments affecting the exercise of the claim.<\/p>\n<p>The Romanian Civil Procedure Code further regulates expedited and simplified proceedings, notably payment order procedures and small claims proceedings.<\/p>\n<p>In addition, courts may resolve disputes without extensive evidentiary administration where no genuine dispute of fact exists or where the claim is manifestly unfounded as a matter of law.<\/p>\n<p>Proceedings may likewise be concluded on the basis of the parties\u2019 admissions, acknowledgment of claims, or judicial settlements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian law provides a broad range of interim and conservatory remedies aimed at preserving rights, securing enforcement, or preventing imminent prejudice pending the resolution of the dispute on the merits.<\/p>\n<p>The main interim remedies include precautionary attachment measures over movable and immovable assets, garnishment of bank accounts or receivables, and judicial seizure measures intended to preserve assets pending judgment or enforcement.<\/p>\n<p>Such remedies are commonly used in commercial disputes where there is a risk that enforcement of a future judgment may be frustrated.<\/p>\n<p>Romanian courts may also grant interim injunctions through the specific procedure of the presidential ordinance, which allows for urgent, temporary measures in cases requiring the preservation of rights, prevention of imminent damage, or removal of obstacles arising from contractual performance.<\/p>\n<p>The applicant must generally demonstrate urgency, the appearance of a right, and the temporary nature of the requested measure, without prejudging the merits of the dispute.<\/p>\n<p>Additional interim measures are available in specific areas of law, including suspension of administrative acts, provisional measures in corporate disputes, interim measures in intellectual property matters, and provisional relief in enforcement proceedings, including the suspension of enforcement.<\/p>\n<p>Interim remedies are generally available both before and during proceedings on the merits, subject to statutory admissibility requirements and, in certain cases, the provision of security or a court-ordered bond.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Following service of the statement of claim, the defendant is generally required to file a statement of defence within 25 days from the date on which the claim was communicated to it.<\/p>\n<p>The claimant may then file a reply within 10 days.<\/p>\n<p>Additional written submissions may be permitted by the court where necessary.<\/p>\n<p>Parties typically submit documentary evidence together with their principal written pleadings.<\/p>\n<p>The court thereafter schedules hearings for the administration of evidence, including witness testimony and expert evidence (if the case).<\/p>\n<p>The timetable varies depending on the complexity of the dispute and the court\u2019s workload.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian civil procedure does not provide for broad, generalised pre-trial disclosure obligations.<\/p>\n<p>As a general rule, each party bears the burden of producing the evidence on which it intends to rely.<\/p>\n<p>However, courts may order a party or, in certain circumstances, a third party to produce specifically identified documents that are relevant and material to the dispute.<\/p>\n<p>Requests for document production must generally identify the documents with sufficient precision and demonstrate their relevance to the proceedings.<\/p>\n<p>Legal professional privilege protects communications between lawyers and their clients. Additional confidentiality protections may apply in relation to trade secrets, classified information, personal data, banking secrecy, and other categories of information protected by statutory confidentiality obligations.<\/p>\n<p>In practice, courts seek to balance the parties\u2019 evidentiary rights with the need to preserve confidentiality and protected information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Witness evidence is generally administered orally before the court. Romanian civil procedure does not ordinarily rely on detailed written witness statements as a primary evidentiary mechanism.<\/p>\n<p>Witness examination is conducted principally by the judge, who retains an active role in the administration of evidence. The parties and their counsel may propose questions and request clarifications, subject to the court\u2019s approval and control over the examination process.<\/p>\n<p>While adversarial questioning is permitted, witness examination remains primarily court-led, with judges exercising broad discretion in directing the hearing and assessing the relevance of questions posed by the parties.<\/p>\n<p>Pre-trial depositions and similar evidentiary mechanisms are not generally recognised under Romanian domestic civil procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence plays a central role in Romanian commercial litigation, particularly in disputes involving construction, energy, accounting, engineering, financial, and other technically complex matters.<\/p>\n<p>The prevailing mechanism is the appointment of court experts. Experts are appointed by the court from the official registers maintained by the Ministry of Justice, while the court also defines the scope of the expert examination and the issues to be addressed.<\/p>\n<p>The parties may appoint independent expert advisers to assist throughout the expert proceedings, participate in the examination process, and submit observations or objections regarding the expert\u2019s methodology, findings, and conclusions.<\/p>\n<p>Court-appointed experts are subject to duties of independence, impartiality, and professional objectivity towards the court.<\/p>\n<p>Parties are entitled to challenge expert reports, request clarifications or supplementary reports, and, where justified, seek the appointment of a new expert examination.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Most first-instance judgments are subject to appeal under Romanian procedural law.<\/p>\n<p>As a general rule, appeals must be filed within 30 days from the communication of the judgment, although shorter statutory time limits apply in certain expedited or special proceedings.<\/p>\n<p>Appeals are ordinarily heard by the hierarchically superior court, which may review both factual and legal aspects of the case, subject to the limits established by the applicable procedural framework.<\/p>\n<p>In specific circumstances, judgments may also be challenged through a further extraordinary appeal before the High Court of Cassation and Justice, primarily on grounds relating to the incorrect application or interpretation of the law.<\/p>\n<p>Interim measures and certain procedural rulings may likewise be subject to separate appeal where expressly provided by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The recognition and enforcement of foreign judgments and arbitral awards in Romania is governed by the applicable European framework, domestic procedural legislation, international treaties, and principles of international judicial cooperation, depending on the jurisdiction of origin.<\/p>\n<p>Judgments rendered by the courts of European Union Member States benefit from the recognition and enforcement regime established under the Brussels I bis Regulation, pursuant to which such judgments are recognised and enforced without any review of the merits by Romanian courts.<\/p>\n<p>Judgments originating from non-EU jurisdictions are subject to the provisions of the Romanian Civil Procedure Code, as supplemented by applicable bilateral or multilateral treaties and, where relevant, the principle of reciprocity.<\/p>\n<p>Romanian courts may refuse recognition or enforcement only on limited and narrowly construed grounds, including incompatibility with Romanian international public policy, infringement of the defendant\u2019s procedural rights and due process guarantees, lack of finality or enforceability in the state of origin, or the existence of irreconcilable domestic or previously recognised foreign judgments.<\/p>\n<p>Foreign arbitral awards are recognised and enforced in Romania pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the relevant provisions of domestic arbitration law, Romanian courts generally adopting a pro-enforcement approach consistent with international arbitration standards.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian procedural law generally follows the principle that litigation costs are borne by the unsuccessful party.<\/p>\n<p>Accordingly, the party whose claims or defences are rejected may be ordered to reimburse the successful party for the legal costs reasonably incurred in connection with the proceedings, including court fees, lawyers\u2019 fees, expert fees, and other necessary procedural expenses.<\/p>\n<p>Nevertheless, Romanian courts retain the power to assess the proportionality and reasonableness of the costs claimed and may reduce recoverable lawyers\u2019 fees where they are deemed manifestly disproportionate in relation to the complexity, duration, or value of the dispute.<\/p>\n<p>Where each party succeeds only in part, courts may order a proportional allocation or set off litigation costs, depending on the extent to which the parties\u2019 respective claims and defences were upheld.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian law does not recognise class actions in the broad procedural form existing in certain other jurisdictions.<\/p>\n<p>However, Romanian procedural law permits multiple claimants to pursue claims jointly where the asserted rights or obligations arise from a common factual or legal basis, or where the claims are sufficiently connected to justify their adjudication within the same proceedings.<\/p>\n<p>In addition, specific statutory frameworks, particularly in the fields of consumer protection, competition, and administrative law, allow certain representative actions to be brought by consumer associations, regulatory authorities, or other entities vested by law with collective standing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Romanian procedural law recognises several forms of third-party participation and intervention in commercial proceedings.<\/p>\n<p>Third parties may voluntarily intervene either in support of one of the litigating parties or by asserting their own independent rights in connection with the subject matter of the dispute.<\/p>\n<p>The procedural framework further permits, in certain circumstances expressly provided by law, the compulsory joinder or impleading of third parties, including where such parties may have rights, obligations, or potential liability connected to the underlying legal relationship in dispute.<\/p>\n<p>Romanian courts can order the consolidation of related proceedings where the cases involve the same parties, closely connected claims, or a risk of inconsistent or conflicting judgments. The court retains discretion in determining whether consolidation is appropriate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third party litigation funding is not expressly regulated under Romanian law. Nevertheless, such arrangements are generally regarded as permissible pursuant to the principle of freedom of contract, subject to compliance with mandatory legal provisions and public policy considerations.<\/p>\n<p>Although the Romanian litigation funding market remains relatively limited in comparison with more mature jurisdictions, interest in such structures has gradually increased, particularly in the context of international arbitration and high-value or complex commercial disputes.<\/p>\n<p>Romanian legislation does not currently provide a comprehensive regulatory framework governing the rights, obligations, or potential exposure of third-party funders, including in relation to adverse costs liability.<\/p>\n<p>Accordingly, issues concerning the liability of litigation funders would likely be assessed by reference to the specific contractual arrangements entered by the parties, as well as the general principles of Romanian civil and procedural law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>One of the principal advantages of litigating in Romania resides in the existence of a highly codified and relatively predictable procedural framework, offering parties a substantial degree of legal certainty and procedural structure throughout the conduct of proceedings.<\/p>\n<p>This is coupled with litigation costs which, particularly in complex commercial disputes, generally remain comparatively moderate when measured against those typically encountered in several Western European jurisdictions.<\/p>\n<p>In addition, Romanian courts, particularly those sitting in major commercial centres, have developed increasing experience in adjudicating sophisticated disputes involving infrastructure, construction, energy, corporate, financial, and cross-border matters, including cases requiring extensive technical and expert evidence.<\/p>\n<p>At the same time, the duration of proceedings in highly complex disputes continues to represent a significant practical challenge. This is especially the case in matters involving multiple expert examinations, extensive evidentiary administration, jurisdictional or procedural objections, or parallel judicial and arbitral proceedings.<\/p>\n<p>Further, while the Romanian legal system is grounded in a codified civil law tradition, certain divergences in judicial interpretation and procedural practice between courts may, in some instances, generate a degree of unpredictability, particularly in novel, technically complex, or commercially sensitive disputes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Construction and infrastructure disputes are expected to remain among the most significant drivers of contentious activity in Romania, particularly in the context of large-scale public investment projects, transport infrastructure developments, and energy transition initiatives.<\/p>\n<p>The increasing complexity and value of such projects are likely to generate a corresponding rise in high-value litigation and arbitration proceedings, including disputes relating to delays, variations, cost overruns, regulatory compliance, and contractual risk allocation.<\/p>\n<p>At the same time, increased European Union funding, defence-sector investments, and the accelerated development of the energy market, including renewable energy, grid modernisation, and strategic energy infrastructure projects, are expected to further contribute to a substantial increase in both judicial and arbitral disputes.<\/p>\n<p>Additional areas anticipated to experience sustained growth include insolvency and restructuring-related litigation, administrative and regulatory disputes, cybersecurity and data protection matters, as well as corporate and shareholder disputes arising from increasingly sophisticated commercial structures and investment arrangements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology is expected to continue materially reshaping litigation practice in Romania, both from a procedural and evidentiary perspective.<\/p>\n<p>The digitalisation of court activity has accelerated in recent years, with electronic case files, online access to procedural documents, electronic communication with courts, and remote hearings becoming increasingly common across a growing number of jurisdictions and courts.<\/p>\n<p>At the same time, artificial intelligence and technology-assisted tools are expected to play an increasingly significant role in document review, legal research, case management, and the analysis of large volumes of data and evidentiary materials, particularly in complex commercial disputes and arbitration proceedings.<\/p>\n<p>The nature of evidence used in litigation is also evolving, with courts increasingly required to assess electronic communications, digital records, cybersecurity-related materials, and other forms of electronically generated evidence in both domestic and cross-border disputes.<\/p>\n<p>Against this background, Romanian courts and practitioners are expected to confront increasingly complex issues relating to data protection, confidentiality, cybersecurity, evidentiary integrity, and the admissibility and assessment of technologically sophisticated forms of evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3900<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/143054","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=143054"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}