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Romania - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Sofia Cozac
Luminita Olteanu
Liliana Toader
Page Count: 
178 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2011
Jurisdictions: 
Romania
Practice Areas: 
Right to Decide ex aequo et bono,
Arbitrators and Arbitral Tribunals,
Removal and Resignation of Arbitrators,
Challenge of Arbitrators,
Applicable Law,
Arbitral Awards,
Arbitral Process,
Agreement to Arbitrate,
Contents of Arbitration Agreement,
Separability,
Termination,
Costs and Damages,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
Dispute Resolution & Litigation,
International Litigation,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
Third Parties in Arbitral Proceedings,
Evidence,
National Legislation,
Designation of Arbitrators,
Responsibility of Arbitrators,
Arbitral Adjudication
Tags: 
Principle of Effectiveness
Author Detail: 

Sofia Cozac (Bucharest, Romania) is an attorney at law with Wolf Theiss law firm and part of the international arbitration team of Wolf Theiss. Ms. Cozac has experience in different aspects of commercial litigation and arbitration, including ICSID and ICC arbitration. She has worked for a broad spectrum of international clients, including multinational corporate entities, advising on jurisdictional and conflict of interest issues. Ms. Cozac has an extensive experience on arbitration disputes with real estate aspects, such as FIDIC contracts and insurance law aspects.

Luminita Olteanu (Bucharest, Romania) is a Junior Associate within the Wolf Theiss Office in Bucharest since January 2011 after completing the Summer Internship Program in 2010. Luminita Olteanu has graduated in 2010 at Law Faculty within the University of Bucharest and is a member of the Bucharest Bar Association since 2011. Currently she is attending the “Business Law” master courses at the Law Faculty within the University of Bucharest. Ms. Luminita Olteanu is part of the Dispute Resolution Team and is currently involved in pending court cases and arbitration proceedings.

Liliana Toader (Bucharest, Romania) is an attorney at law with Wolf Theiss law firm and part of the litigation, domestic and international arbitration team of Wolf Theiss. Ms. Liliana Toader has successfully advised multinationals and investment funds in complex litigation and arbitration cases in areas such as: construction and design, cross-border insolvency and public procurement, employment, IP, debt recovery.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1. GENERAL LEGAL FRAMEWORK1

1.1 National law

The Romanian Civil Procedure Code (hereinafter referred to as the “RCPC”) regulates the arbitral procedure and stipulates the common provisions applicable to any form of private arbitration in Romania.

In addition, to the RCPC statutory provisions, the Court of International Commercial Arbitration Attached to the Chamber of Commerce and Industry of Romania2 (hereinafter referred to as the “CICA”) has adopted the Procedural Rules on Arbitration that apply to commercial and civil arbitration proceedings organized by the CICA.

a) Current status
What is the current status? When was it enacted? Have there already been amendments?

The RCPC was originally enacted in 1865. Since its original enactment there have been multiple amendments to ensure consistency with the current legal, social and economic developments. Amendments have also been performed in order to conform to the international conventions on arbitration. Among the most significant are, the amendments made following the United Nations General Assembly Resolution,3 adopting the United Nations Commission for International Trade Law ("UNCITRAL")4 Arbitration Rules and Rules on International Commercial Arbitration, that were created in an effort to harmonize arbitration legislation worldwide.5