Amendments and Additions Included in the New Romanian Code of Civil Procedure in the Matter of Arbitration - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Alina Mioara Cobuz Bagnaru

Page Count:

6 pages

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1 PDF Download

Published:

February, 2014

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The New Romanian Code of Civil Procedure (NRCCP) was adopted through

Law 134/2010, published in the Official Monitor no. 485 of 15 July 2010 and

republished, pursuant to Article 80 of Law 76/2012 for the enforcement of Law

134/2010 on the Code of Civil Procedure, in the Official Monitor 545 of 3

August 2012. Upon the entry into force of this New Code of Civil Procedure on

15 February 2013, the former Code of Civil Procedure (RCCP) from 1993 and

2010 was repealed.

The New Romanian Code of Civil Procedure (Law no. 134/2010) includes 15

significant changes that impact arbitration procedure.

1. In the wording of the NRCCP, the ability to arbitrate is no longer defined as

strictly related to the patrimonial characteristic of the dispute. The rule for

disputes concerning rights which can be transacted by arbitration is

maintained. On the other hand, disputes related to civil status, an individuals’

capacity, inheritance deliberation, family relations and rights on which the

parties have not agreed upon by law are excluded from arbitration.1

2. The possibility to settle disputes involving parties which are legal state

entities by arbitration is now included. Legal state entities whose scope of

activity includes economic activities are free to sign arbitration clauses,

except when the law or their deed of establishment or organization

provides otherwise.2