The Development of Arbitration in Romania from 2010-2013 in the Court of International Commercial Arbitration under the Chamber of Commerce and Industry of Romania (CCIR) - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Alina Mioara Cobuz Bagnaru

Page Count:

14 pages

Media Description:

1 PDF Download

Published:

February, 2014

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The Court of International Commercial Arbitration under the Chamber of
Commerce and Industry of Romania (CCIR) is the main arbitration institution

in Romania, with over 57 years of experience.It settles disputes under its

jurisdiction pursuant to its own Rules of Arbitration Procedure. At the same

time, upon the request of the parties, it may also organize adhoc arbitration.

The average number of cases settled in one year is over 400 domestic disputes

and 50 international disputes.1

New Court of Arbitration rules of procedure (the Rules) were entered into force

on 6 March 20132. These amend and incorporate the arbitration rules adopted

in 20103 (the former Rules) as a part of the New Romanian Code of Civil

Procedure. The changes in the new Rules are consistent with the changes that

were made by the entire New Romanian Code of Civil Procedure4, and differ

from the Old Romanian Code of Civil Procedure5.

As previously, the Rule makes an express distinction between institutionalized

arbitration and ad-hoc arbitration. Explicit reference is made to the legal

provisions completing the regulation for each of the two forms of arbitration.

Thus, in the former case, a regulation on the Organization and Operation of the

Court of International Commercial Arbitration under the Chamber of

Commerce and Industry of Romania is added.

A new element is the provision of Article 1 paragraph (2) of the Regulation,

according to which:

Nomination of the permanent arbitration institution by the arbitration

agreement in view of the settlement of disputes determines the