{"id":152396,"date":"2026-11-04T10:39:18","date_gmt":"2026-11-04T10:39:18","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=152396"},"modified":"2026-11-04T12:25:41","modified_gmt":"2026-11-04T12:25:41","slug":"romania-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/romania-international-arbitration\/","title":{"rendered":"Romania: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-152396","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-romania"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Zamfirescu Racoti Vasile &amp; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Logo_ZRVP_rev_2025_fara_slogan.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Zamfirescu Racoti Vasile &amp; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/Logo_ZRVP_rev_2025_fara_slogan.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration 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 legislation applies to arbitration in your country? Are there any mandatory laws?<\/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 main body of law governing arbitration is included in the Romanian new Code of Civil Procedure which came into force on February 15 2013 (further herein referred to as \u201cRCPC\u201d). Book IV of the Code of Civil Procedure (\u201cOn Arbitration\u201d) regulates national arbitration and also represents the general set of provisions applicable to international arbitration whenever the parties have not agreed on certain aspects in the arbitration agreement and have not vested the arbitral tribunal with settling those aspects either, while Title IV of Book VII sets out specific legal provisions regarding international arbitration and the effects of foreign arbitral awards.<\/p>\n<p>The arbitration law includes mostly non-mandatory provisions, as a reflection of the principle provided for in the Code of Civil Procedure that parties are free to organise arbitral proceedings as they deem fit. However, parties\u2019 freedom is subject to observing public policy, a couple of mandatory provisions and ethics. For instance, in ad hoc arbitration organised by the parties themselves, they are free to agree rules regarding the constitution of the arbitral tribunal, removal of arbitrators, the timing and seat of the arbitration, the procedural rules to be applied by the arbitral tribunal (including potential preliminary proceedings), the allocation of costs and any other rules that may govern the arbitration, subject to public policy, mandatory provisions of law and ethics. There are a few mandatory rules, for instance certain validity requirements of the arbitration agreement, regarding the written form of the arbitration agreement or the authenticated form of the arbitration agreement in arbitrations regarding the transfer of the ownership right over an immovable asset. The law also imposes certain fundamental principles related to due process from which no derogation is permitted (e.g., the parties shall be ensured equal treatment, the right to defence and a reasonable opportunity to present their case).<\/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 your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/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>Romania ratified the New York Convention in 1961 by means of Decree no. 186\/1961 which came into force on July 24 1961.<\/p>\n<p>Romania reserved the right to apply the convention only to:<\/p>\n<ul>\n<li>the recognition and enforcement of awards made in the territory of another contracting state or, for the awards made in non-contracting states, only subject to reciprocity, namely to the extent to which those states grant reciprocal treatment.<\/li>\n<li>disputes arising from legal relationships \u2013 whether contractual or not \u2013 that are considered commercial under the national law.<\/li>\n<\/ul>\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 other arbitration-related treaties and conventions is your country a party to?<\/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>Since 1963, Romania is a party to the European Convention on International Commercial Arbitration (Geneva, 1961) and since 1975, Romania became a party to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States.<\/p>\n<p>As well, Romania has signed multiple bilateral investment treaties providing for settlement of disputes <em>inter alia<\/em> by arbitration.<\/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 the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country? Has your jurisdiction adopted, or is it considering adopting, the amendments of 6 July 2026 regarding electronic awards and communications?<\/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>Romania does not have a UNCITRAL Model Law-based legislation; however, the institutions within the newly enacted legislation follow the lines and spirit of UNCITRAL Model Law, but a specific analysis of each provision would have to be performed in order to determine the exact influence of the Model 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 arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/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 main Romanian arbitral institution is the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (\u201cCICA\u201d), which also coordinates the activity of the courts of arbitration attached to the regional chambers of commerce and industry, each county in Romania having such a chamber of commerce and industry.<\/p>\n<p>CICA has its own set of rules of arbitration. However, these rules provide that they are supplemented with the ordinary provisions of the RCPC.<\/p>\n<p>CICA last amended its rules on 1 January 2025. The most notable changes set remote hearings and party-appointed experts as default rules (previously, experts were, as a rule, appointed by the arbitral tribunal), introduce disclosure of third-party funders, clarify the procedure for challenging arbitrators and experts, streamline case management and set clearer boundaries between the written and oral phases of arbitration proceedings. With the revised rules, CACI has also revised its fee scales by increasing the costs of CACI arbitration 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\">Is there a specialist arbitration court in your country?<\/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>Romania does not have a specialist arbitration court.<\/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 validity requirements for an arbitration agreement under the laws of your country?<\/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>Under Romanian law, an arbitration agreement in order to be valid must be concluded in writing. However, the RCPC sets a broadly construed \u2018written form\u2019 requirement for arbitration agreements, to the effect that an agreement to arbitrate may be reached following an exchange of correspondence (irrespective of its form \u2013 such as exchange of letters, emails, faxes, electronic means of communication etc.) or an exchange of procedural acts (after the commencement of arbitral proceedings \u2013 e.g., in a situation where the claimant files a request for arbitration and the respondent does not contest jurisdiction in its answer).<\/p>\n<p>As an exception, Art. 548 RCPC provides that an arbitration agreement should be authenticated by a notary public if it refers to disputes regarding the transfer of ownership rights or other rights in rem over an immovable asset. Non-compliance with this formal requirement leads to the absolute nullity of the arbitration agreement.<\/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 arbitration clauses considered separable from the main contract?<\/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>Article 550 RCPC expressly provides for the separability of arbitration clause, to the effect that the validity of the arbitration clause is independent from the validity of the contract comprising it.<\/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\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/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>In international arbitration with seat in Romania, the arbitration agreement is valid if it satisfies the substantive validity requirements under one of the following laws: (i) the law agreed by the parties to govern the arbitration agreement; (ii) the law governing the subject matter of the dispute; (iii) the law applicable to the contract containing the arbitration clause; or Romanian 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\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid 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 case law on validity of asymmetric arbitration clauses is too limited to provide clear guidance. In fact, while courts have strived to take an arbitration-friendly approach, concerns have been raised as to whether arbitration clauses giving freedom to choose between arbitration and litigation when the dispute arises can be considered binding in the first place.<\/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 instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/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>As a rule, Romanian law does not allow for an arbitral tribunal to assume jurisdiction over individuals or entities that are not part of an arbitration agreement.<\/p>\n<p>RCPC provides that third parties may take part in arbitral proceedings following the general civil procedure rules on this aspect, but only if such third party and all the parties agree. Only an accessory joinder claim &#8211; meaning a third party bearing an interest voluntarily joins an ongoing procedure to support one of the parties\u2019 positions &#8211; is admissible even in the absence of the consent of all the other parties.<\/p>\n<p>According to CACI\u2019s arbitration rules of 2025, unless the additional party is party to the arbitration agreement, even the accessory joinder claim is admissible only in case all the parties agree.<\/p>\n<p>Matters such as the extension of the arbitration clause to non-signatories, either following the direct involvement in the negotiation and\/or performance and\/or termination of a contract comprising an arbitration clause under the doctrine of the &#8216;group of companies&#8217;, or other issues of debate in international arbitration regarding the ambit of the arbitration agreement, are subject to debate according to case law, but are not addressed in any way by Romanian law. Conventional and legal successors of signatories are generally bound by the arbitration agreement.<\/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 there any recent court decisions and\/or legislative reform in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified 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>With regard to substantive validity, RCPC provides that the arbitration agreement is valid if it satisfies the requirements under one of the following laws: (i) the law agreed by the parties to govern the arbitration agreement; (ii) the law governing the subject matter of the dispute; (iii) the law applicable to the contract containing the arbitration clause; or Romanian law. Romanian courts are bound to apply this provision in matters where the substantive validity of an international arbitration agreement is disputed.<\/p>\n<p>In all other regards, arbitration agreements are governed by the law chosen by the parties. Failing such choice, courts usually determine the law applicable to the arbitration agreement as either being the law where the arbitration award was or is to be made, or as the law governing the contract, in case of arbitration clauses contained in contracts. The latter interpretation has gained acceptance mainly in legal writings. The validity of arbitration agreements with reference to the capacity of the parties is governed by the law applicable to the respective parties.<\/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 the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/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 arbitral tribunal applies the substantive law designated by the parties. If no law has been designated, the arbitral tribunal applies the law that it deems appropriate in light of the elements of the dispute. In all cases, the arbitral tribunal shall take into account the trade usages and professional rules.<\/p>\n<p>An arbitrator can decide\u00a0<em>ex aequo et bono<\/em> only if the parties have expressly authorised him or her to do so.<\/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 your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/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 parties are free to agree whether disputes should be submitted to a sole arbitrator or an arbitral tribunal; however, an arbitral tribunal must comprise an odd number of arbitrators. If the parties fail to agree, there will be three arbitrators: each party can appoint one arbitrator, and those two arbitrators shall appoint a presiding arbitrator. Where there are multiple claimants or respondents and the dispute is referred to three arbitrators, the claimants jointly and the respondents jointly shall each appoint one arbitrator.<\/p>\n<p>The RCPC provides for the nullity of the arbitration clause which allows one of the parties privileged participation in the nomination of the arbitrator or which provides a party\u2019s right over the other party to nominate the arbitrator or to have more arbitrators than the other party.<\/p>\n<p>The RCPC does not provide for certain qualifications required to be an arbitrator but stipulates that parties may determine in the arbitration agreement such qualifications to be met by the arbitrator.<\/p>\n<p>According to the RCPC, any natural person with full capacity to exercise his\/her rights may act as an arbitrator, without any other criteria like citizenship or residence needing to be met. Foreigners and former judges may be appointed as arbitrators. Active judges cannot be arbitrators due to the restrictions imposed by the law governing their activity.<\/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 local courts intervene in the selection of arbitrators? If so, how?<\/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 RCPC provides that local courts, namely the tribunal whose jurisdiction covers the seat of the arbitration, may intervene in the selection of arbitrators by appointing an arbitrator or the presiding arbitrator in cases where the parties do not agree on the appointment of the sole arbitrator or a party fails to nominate an arbitrator or in the case of a three-panel arbitral tribunal, when the two arbitrators do not agree on whom they should appoint as presiding arbitrator. The local courts render a decision regarding the appointment of the arbitrators after hearing the parties.<\/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 appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/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 parties may agree on a procedure for challenging the appointment of an arbitrator and replacing the arbitrator, including by reference to a set of arbitration rules. For example, if the arbitration agreement provides for institutional arbitration, the rules of the arbitral institution will govern the whole procedure and \u2013 in the majority of cases \u2013 will cover any issues related to the challenge or replacement of arbitrators.<\/p>\n<p>In the absence of the above, the rules detailed below comprised in the RCPC will apply. The parties may apply to the local court (tribunal) in whose jurisdiction is the seat of the arbitration to rule on the challenge and\/or removal of arbitrators. According to article 562 RCPC, an arbitrator may be challenged in cases of incompatibility, namely in case he finds himself in one of the situations of incompatibility provided for judges in the RCPC (for example, the arbitrator previously expressed his opinion in relation to the solution in the dispute he was appointed to settle, there are circumstances which justify the doubt that he, his spouse, his ancestors or descendants have a benefit related to the dispute, his spouse or previous spouse is a relative of maximum the fourth degree with one of the parties etc.) or for the following reasons which cast a doubt on the arbitrator\u2019s independence and impartiality:<\/p>\n<ul>\n<li>\u00a0he does not meet the qualifications or other requirements regarding arbitrators provided in the arbitration agreement;<\/li>\n<li>a legal person whose shareholder the arbitrator is or in whose governing bodies the arbitrator is bears an interest in the case;<\/li>\n<li>the arbitrator has employment relations or direct trade links with one of the parties, with a company controlled by one party or that is placed under common control with the latter;<\/li>\n<li>the arbitrator has provided consultancy to one of the parties, assisted or represented one of the parties or testified in one of the earlier stages of the case.<\/li>\n<\/ul>\n<p>According to article 563 RCPC, the challenge against the appointment of an arbitrator is to be adjudicated within 10 days by the local courts, namely the tribunal whose jurisdiction covers the seat of the arbitration, after hearing the parties and the concerning arbitrator. The decision of the local courts is in writing, does contain reasons and is not subject to appeal.<\/p>\n<p>CICA Rules provide very similar grounds for challenge, in a non-limitative provision.<\/p>\n<p>International arbitration practitioners are familiar with and rely on the IBA Guidelines on Conflicts of Interest in International Arbitration.<\/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\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/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>Both under the RCPC and CICA rules, the arbitrator is required to be independent, impartial and to disclose any conflicts of interest. In common with other jurisdictions, Romanian law does not explicitly define these concepts, but merely provides for the general principle, the case law being left to consider these matters on a case-by-case basis, depending on the circumstances of the case.<\/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 arbitrators immune from liability?<\/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>Arbitrators are generally immune from liability in respect of decision making, considering their power to assess the case according to their \u201cintimate conviction\u201d.<\/p>\n<p>Article 565 RCPC provides that arbitrators are to be held liable for the damage incurred as a result of their following actions:<\/p>\n<ul>\n<li>withdrawal from serving (abandoning their duty as arbitrators) in the case without justified reason;<\/li>\n<li>failure to participate in the adjudication of the case without a justified reason;<\/li>\n<li>failure to render the award within the established time limit;<\/li>\n<li>failure to comply with the duty of confidentiality;<\/li>\n<li>breach of their other duties, intentionally or by reckless negligence.<\/li>\n<\/ul>\n<p>Article 53 of the CICA Rules provides that the arbitrators shall not be liable to any of the parties for any action or omission in connection with the arbitration, unless such action or omission is due to their wilful misconduct or gross negligence.<\/p>\n<p>However, to our knowledge, no claims for holding liable an arbitrator were ever filed.<\/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 the principle of competence-competence recognized in your country?<\/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 principle of competence-competence is fully recognised under Romanian arbitration law. Once a dispute has been referred to arbitration, the arbitral tribunal is competent to decide on its own jurisdiction \u2013 and will do so even if identical disputes are pending before the courts or other arbitral tribunals, except if the arbitral tribunal finds it appropriate to suspend the proceedings. Further, the arbitral tribunal\u2019s ruling on jurisdiction may not be challenged before the courts during the arbitral proceedings, but only by means of a claim to set aside the arbitral award.<\/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 approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/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>A state court vested with a dispute in respect of which an arbitral agreement has been concluded will check its own competence and will declare it lacks competence if at least one of the parties invokes the existence of the arbitration clause. In case of a domestic arbitration, the court will decline its jurisdiction to the arbitral institution mentioned in the arbitration agreement or will reject the claim as not being of the Romanian state courts\u2019 competence in case of ad hoc arbitration. In case of an international arbitration, the court will admit the lack of competence plea and will reject the claim as not being of the Romanian state courts\u2019 competence.<\/p>\n<p>The court will retain its jurisdiction in settling the dispute only in three exceptional situations, namely:<\/p>\n<ul>\n<li>if the respondent has submitted its defence without invoking the existence of the arbitration agreement;<\/li>\n<li>if the arbitration clause is null or inoperable;<\/li>\n<li>if the arbitral tribunal cannot be constituted from causes clearly attributable to the defendant in the arbitration.<\/li>\n<\/ul>\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 happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/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>Neither the arbitral tribunal nor the local courts can compel the parties to arbitrate or third parties to participate in arbitration proceedings. Once a dispute has been referred to arbitration, the arbitral tribunal can examine the case and render an award irrespective of whether one or both parties participate in the proceedings. In order to ensure a fair trial, the parties must only be duly notified of the arbitral proceedings, their actual participation in the proceedings being entirely their choice.<\/p>\n<p>Failure of one party, although duly notified, to attend the hearing shall not prevent the progress of the proceedings, unless the absent party submits a request to the arbitral tribunal for adjournment of the hearing on solid grounds.<\/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 third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/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>According to article 581 RCPC, third parties may take part in arbitral proceedings following the general civil procedure rules on this aspect comprised under articles 61-77 RCPC, but only if such third party and all the parties agree. Only an accessory joinder claim &#8211; meaning a third party bearing an interest voluntarily joins an ongoing procedure to support one of the parties\u2019 positions &#8211; is admissible even in the absence of the consent of all the other parties.<\/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 interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country? What is the approach of local courts in your jurisdiction to anti-arbitration injunctions issued in breach of arbitration agreements?  Have there been any recent decisions on this point?<\/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>During the arbitration proceedings the arbitral tribunal may grant, at the parties\u2019 request, protective measures, and interim relief, as well as ascertain matters of fact. Interim measures may be freezing measures on goods, provisional measures or conservatory measures regarding evidence (acknowledgement of matters of fact, that is).<\/p>\n<p>The local tribunal whose jurisdiction covers the seat of the arbitration may grant protective measures and interim relief, at the parties\u2019 request, before or during the arbitral proceedings. Since a similar order for protective measures or interim relief issued by the arbitral tribunal is not enforceable under Romanian law, the courts play a significant role in obtaining such measures and are preferred by the parties for the reason that the courts issue enforceable decisions.<\/p>\n<p>Romanian law does not provide for anti-suit or anti-arbitration injunctions.<\/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 there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/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>As a rule, each party has the burden of proof with respect to its claims, allegations and defences.. According to the default procedural rules, the parties have to indicate the evidence on which they intend to rely on and submit documentary evidence early in the proceedings. The RCPC provides that the arbitral tribunal can adopt a procedural timetable for the taking of evidence in the proceedings. However, in practice, the presentation and taking of evidence is done in accordance with the applicable arbitration rules and a procedural timetable established in the proceedings.<\/p>\n<p>The most common means of evidence are documents, expert reports and witness statements. Romanian legal tradition also includes parties\u2019 interrogatories administered to determine a party make admissions, which are a separate means of evidence. However, interrogatories are used only in domestic arbitration, and in international arbitration administered by the local arbitral institutions, such as CACI.<\/p>\n<p>A particular rule in arbitration is that witnesses are not heard under oath, as it would happen before a local court. The arbitral tribunal does not have any powers to compel the witnesses or experts who refuse to appear before the arbitral tribunal or to apply any sanctions. For any such measures necessary for the taking of evidence, the arbitral tribunal or the parties (after leave from the arbitral tribunal) may seek assistance from the local court (tribunal) at the seat of the arbitration.<\/p>\n<p>The arbitral tribunal can also order a party to produce evidence in its possession. As well, the arbitral tribunal might request written information to public authorities regarding their documents and actions, but in case the public authority refuses to comply with such a request and submit the information, the parties or the arbitrators have recourse to local courts to request the enforceable court\u2019s order for production of documents. The local courts might also play a role in acknowledging certain matters of fact prior or during the arbitration proceedings such as the state of certain assets, the statement of a certain witness where there is urgency due to the risk the evidence might get lost.<\/p>\n<p>As a matter of principle, the rules on evidence are flexible when it comes to international and domestic arbitration. The IBA Rules on the Taking of Evidence tend to become a generally accepted standard in practice.<\/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 ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of 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>Counsel are subject to the strict ethical obligations under Romanian law regulating lawyers\u2019 practice, the statute of legal profession and by the Charter of Core Principles of the European Legal Profession and Code of Conduct for European Lawyers adopted by The Council of Bars and Law Societies of Europe.<\/p>\n<p>Regarding arbitrators, there is no specific body of law or rules regarding their ethical standard. However, both the Code of Civil Procedure and CICA rules of arbitration provide several obligations of the arbitrators during their office such as confidentiality, impartiality, observance of the applicable deadlines etc. Failure to observe some of these obligations might trigger the arbitrators\u2019 liability, as detailed above. As well, in practice, the parties may agree that the IBA Rules of Ethics for International Arbitrators might apply.<\/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 your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/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 are no default rules with respect to the confidentiality of arbitration proceedings in Romania. The matter of confidentiality is left to the parties\u2019 agreement or choice of arbitral institution.<\/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 the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied? Have any developments under the 2024 IBA Guidelines, including the expanded Orange List, the treatment of social media conduct, or due diligence obligations on parties, and the UNCITRAL Code of Conduct for Arbitrators been addressed by courts and tribunals 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 IBA Rules on the Taking of Evidence in international arbitration and the IBA guidelines on conflicts of interest are well received and frequently applied in international arbitration proceedings seated in Romania.<\/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 the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included in the principal claim and costs incurred?<\/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>Firstly, when filing a request for arbitration a fixed registration fee is generally required. With respect to the arbitrators\u2019 fee, a computation of such fee is made under the CICA rules according to an algorithm stipulated in the schedules of arbitral fees and expenses depending on the value of the claim, there being rules on how to determine the value of the claim when such a claim is not financial.<\/p>\n<p>According to the RCPC, The arbitral tribunal may provisionally estimate the costs of arbitration at the outset of the proceedings and request both the parties to advance or deposit the amounts in question in an amount split equally between the parties. With regard to the advance for the arbitrators\u2019 fees, the RCPC provides that the parties may be ordered to pay them jointly, which implies that any of the parties may be invited to advance the entire amount of the estimated arbitrators\u2019 fees, without prejudice to the final allocation of the costs at the end of the proceedings.<\/p>\n<p>The default rule governing the final allocation of costs in domestic arbitration that costs follow the event, unless the parties agree otherwise. Costs are allocated in proportion to the relative success of the winning party if the party has only partially succeeded.<\/p>\n<p>The default rule provided by the RCPC for international arbitrations is that, unless the parties agree otherwise, each party shall bear the fees and expenses of its appointed arbitrator or, if the dispute is referred to a single arbitrator, they shall split the cost equally. Of course, if the parties agree to arbitrate under the purview of an arbitral institution, it will apply its own set of rules regarding the estimation and allocation of costs. Therefore, usually in such international arbitration proceedings the allocation of costs is done in accordance with the rule costs follow the event, and the default rule provided in the RCPC rarely applies.<\/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 applications for security for costs viewed 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 RCPC does not expressly recognise the possibility to apply for security for costs. However, under the major arbitration rules used for international arbitration seated in Romania security for costs is available and can be granted.<\/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 legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/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>Domestic arbitral awards (including awards rendered in international arbitration proceedings seated in Romania) are treated and enforced in the same way as court decisions whereas foreign arbitral awards are subject to recognition and enforcement proceedings before the Romanian courts. In order to be granted the recognition and enforcement of an arbitral award, the parties must comply with certain formal requirements \u2013 they must file a request to this effect before a competent court and attach legalised or apostille certified copies of the translated award and arbitration agreement. The court vested with hearing a request for the recognition and enforcement of a foreign arbitral award is prohibited from reviewing the merits of the dispute, its examination being limited to the grounds for refusal of recognition and enforcement, as set out in the RCPC. The grounds for refusal of recognition and enforcement of the foreign award provided in the code follow those established in the New York Convention.<\/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 estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/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>With respect to the duration of the procedure for the recognition and enforcement of an award, generally, this procedure takes one to one and a half years. However, recent changes related to caseload management and work planning in the state courts may extend this timeframe in the near future.<\/p>\n<p>The request filed in order to obtain the recognition and enforcement of an arbitral award is settled by the court following the subpoena of the parties that participated in the arbitral proceedings. The court may review the application on ex parte basis only if it follows from the arbitral award that the respondent agreed with the claim being admitted.<\/p>\n<p>Domestic arbitral awards are treated and enforced in the same way as court decisions whereas foreign arbitral awards are subject to recognition and enforcement proceedings before the Romanian 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\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/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>Arbitral awards cannot be appealed. The only available remedy to challenge an award is a set aside claim which may be filed on the following grounds (the list is exhaustive):<\/p>\n<ul>\n<li>the dispute was non-arbitrable;<\/li>\n<li>the arbitration agreement did not exist or was invalid or ineffective;<\/li>\n<li>the constitution of the arbitral tribunal was not in accordance with the arbitration agreement;<\/li>\n<li>the party requesting the setting aside of the award was not duly notified of the hearing when the main arguments were heard and was absent when the hearing took place;<\/li>\n<li>the arbitral award was rendered after expiry of the time limit, even though at least one party submitted its intention to object to the late issuance of the award and the parties opposed the continuation of the proceedings after expiry of the time limit;<\/li>\n<li>the award granted something which was not requested (ultra petita) or more than was requested (plus petita);<\/li>\n<li>the award failed to mention the tribunal\u2019s decision on the relief sought and did not include the reasoning behind the decision, the date and place of the decision or the signatures of the arbitrators;<\/li>\n<li>the award violated public policy, mandatory legal provisions or morality;<\/li>\n<li>subsequent to issuance of the final award, the Constitutional Court has declared unconstitutional the legal provisions challenged by a party during the arbitral proceedings or other legal provisions included in the challenged piece of legislation that are closely related to and inseparable from those challenged.<\/li>\n<\/ul>\n<p>Certain reasons for setting aside an arbitral award may be deemed waived if they are not raised before the arbitral tribunal at the start of the process (particularly those relating to the jurisdiction and constitution of the arbitral tribunal).<\/p>\n<p>It should be noted that the set aside claim against an award does not allow the court to analyse again the merits of the dispute. Violation of rules of public policy represents a ground for setting aside, as noted above, but the merits of the case cannot be reviewed by the court judging the action for annulment as the proceedings are limited to verifying whether the award respects fundamental principles of law.<\/p>\n<p>The request to set aside the arbitral award may be filed within one month of service of the award on the parties, unless the request is grounded on the subsequent issuance of the Constitutional Court, where the time limit is three months after publication of that court\u2019s decision. Certain reasons for setting aside an arbitral award may be deemed waived if they are not raised before the arbitral tribunal at the start of the process (particularly those relating to the jurisdiction and constitution of the arbitral tribunal).<\/p>\n<p>The jurisdiction to settle the set-aside claim belongs to the court of appeal of the county where the arbitration took place.<\/p>\n<p>In case the set aside claim is admitted, the ruling is subject to a higher appeal which shall be adjudicated by the High Court of Cassation and Justice. In case the set aside claim is dismissed in the first tier of jurisdiction, the majority of the case-law deems the higher appeal inadmissible.<\/p>\n<p>The parties cannot waive the right to challenge an award by agreement before the dispute arises. The RCPC provides that any agreement to the contrary is null and void. The parties may waive the right to set aside only after the award is rendered.<\/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 instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/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>On the one hand, the situations mentioned above with respect to non-signatories being bound by the arbitration agreement should be borne in mind.<\/p>\n<p>On the other hand, in case a third parties\/ non-signatory did not even take part to the arbitration proceedings, they cannot be bound by the award unless they are successors of the parties of the arbitral proceedings bound by the award.<\/p>\n<p>The request filed in order to obtain the recognition and enforcement of an arbitral award is settled by the court following the subpoena of the parties that participated in the arbitral proceedings. Therefore, usually, third parties cannot challenge the recognition of an award.<\/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 there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 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>Third-party funding of arbitration proceedings is not regulated under Romanian law.<\/p>\n<p>A notable development that indicates the increased acceptance of third-party funding in international arbitrations connected to Romania is that the revised arbitration rules adopted on 1 January 2025 by the main home-based arbitral institution CICA include a provision on third-party funding subject to appropriate disclosure of third-party funders being made in the proceedings. We are not aware of any court decisions addressing the matter of third-party funding in Romania.<\/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 emergency arbitrator relief available and recognized in your country? Are decisions made by emergency arbitrators readily enforceable?<\/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>Despite lack of coherent procedural framework for emergency arbitrator relief in the RCPC, emergency arbitrator relief is recognised in Romania.<\/p>\n<p>In fact, the rules of the home-based arbitral institution CICA include emerge. CICA Rules provide for the appointment of an emergency arbitrator within 48 hours, who renders a resolution (Romanian: <em>incheiere<\/em>) within 10 days. provide that a procedural order issued by the emergency arbitrator shall be binding upon the parties when rendered.<\/p>\n<p>As the RCPC does not expressly refer to emergency arbitrator proceedings it also does not determine the legal regime of the decisions made by the emergency arbitrator. Notably, RCPC also does not clarify whether decisions on interim measures are enforceable. The prevailing view at the moment is that the decisions of the emergency arbitrators are not enforceable in Romania. However, there are isolated instances where such decisions have been \u2013 at least indirectly \u2013 enforced after being confirmed by the court, and the case law may evolve towards wider acceptance of the enforceability of emergency arbitrator decisions in the future.<\/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 there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/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>CICA Rules provide for special rules for expedited arbitration, applicable where the amount of the dispute is lower than RON 50,000 (approx. EUR 10,000) or when the parties agree to apply these 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\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/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>There have been no notable case law developments with regard to setting aside of an award that has been enforced in another jurisdiction or vice versa. Romanian courts are unlikely to recognise an award set aside by a competent court in another jurisdiction, as this is a ground for refusing recognition and enforcement of awards in Romania.<\/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\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/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>We are not aware of any recent court decision considering the issue of corruption in non-criminal cases. However, according to the general rule applicable, the party alleging issues of corruption bears the burden of proof.<\/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\">Has your country withdrawn from, or announced its intention to withdraw from, the Energy Charter Treaty?  What is the status of the sunset clause 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>Romania notified its withdrawal in writing to the Energy Charter Secretariat in May 2026 effective 23 May 2027. Romania\u2019s Government has confirmed that the sunset clause survives in relation to the non-EU investors. However, as regards intra-EU investors, Romania denies the effects of the sunset clause having entered the Agreement on the Interpretation and Application of the Energy Charter Treaty, which was published in the EU Official Journal on 27 March 2026 and entered into force on 25 June 2026. It states expressly that the survival clause in Article 47(3) has no effect within the EU. It also requires the parties to tell tribunals hearing pending cases that they lack jurisdiction.<\/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\">Have there been any recent court decisions or legislative developments in your country with respect to intra-European investor-State arbitration, the Energy Charter Treaty, or the enforcement of intra-EU? Are there any pending decisions?<\/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>Romania is home to the <em>Micula<\/em> saga, in which Romania paid an intra-EU BIT award dated 2013, the payment of which the European Commission considers to be incompatible with intra-EU state aid rules. These enforcement proceedings are suspended pending the investors&#8217; appeal before the CJEU (Case C\u2011890\/24 P) against the General Court&#8217;s judgment of 2 October 2024. In 2026, the conservatory seizures imposed by the tax authorities on both Micula brothers were finally annulled. However, according to public records, the reasons for annulment concern procedural errors and are unrelated to the EU-law conflict.<\/p>\n<p>Another notable reported development involving Romania is that in a decision dated 30 September 2025 an ICSID tribunal refused to summarily dismiss a \u20ac500 million claim of an insurance group in <em>Eurohold v. Romania <\/em>(ICSID Case No. ARB\/24\/18). It deferred issues arising under the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the EU to a later phase of the proceedings, in which Bulgaria and the European Commission were permitted to intervene on 16 February 2026.<\/p>\n<p>In <em>LSG Building Solutions and others v. Romania <\/em>(ICSID Case No. ARB\/18\/19)<em>,<\/em> an intra-EU Energy Charter Treaty case, an ICSID ad hoc committee dismissed Romania&#8217;s annulment application on 18 February 2026. It rejected, among others, Romania&#8217;s intra-EU and <em>Komstroy<\/em> objections and lifted the stay of enforcement.<\/p>\n<p>In July 2026, the European Commission opened a State aid investigation into an intra-EU arbitral award dated 20 February 2024 (in <em>LSG and others v. Romania<\/em>, ARB\/18\/19) ordering Romania to compensate ten renewable energy investors.<\/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\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/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 revised arbitration rules adopted on 1 January 2025 by the main home-based arbitral institution CACI include provisions providing for remote hearings as the norm under the new rules, and greater acceptance of electronic exchanges. However, electronic communication remains limited in practice at the local arbitral institution, often depending on the arbitral tribunals\u2019 and parties\u2019 preference or familiarity with these methods. Although the CICA Rules call for cost-effective arbitration, this objective is rarely addressed as such in 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\">Have there been any recent judicial and\/or legislative developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/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>There are no notable recent developments in Romania with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights, although such issues often arise in a collateral manner.<\/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\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/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>Romania applies the EU&#8217;s restrictive measures, mainly the Russia-related packages adopted through 2026, which are directly applicable and implemented under Government Emergency Ordinance no. 202\/2008. Taking into account the published decisions and records, we are not aware of any notable recent decisions in Romania considering the impact of sanctions on international arbitration 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\">Has your country enacted any regulation and\/or implemented any rules, guidlines or regulations regarding the use of artificial intelligence (AI), generative AI or large language models in the context of dispute resolution?<\/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 legislation does not yet address the use of artificial intelligence in arbitral 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\">Are there any specific legal, institutional, or procedural frameworks in your jurisdiction governing the arbitration of digital asset or blockchain-related disputes?  Have there been any court decisions in your jurisdiction concerning the validity or enforceability of arbitration agreements incorporated into smart contracts or digital asset terms?<\/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>Romania has no special framework for arbitrating digital-asset or blockchain disputes. We are not aware of published Romanian decisions on arbitration clauses in smart contracts or digital asset terms.<\/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\">7221<\/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:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/152396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=152396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}