Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
(These Rules have been issued in compliance
with Art. 5, letter j and Art. 11 and Art. 13 of the Decree-Law No.
139/1990 regarding the chambers of commerce and industry of
Romania, and were approved by the Board of the Court of Arbitration
by Decision No. 3 of September 10, 1999)
Art. 1.- (1) These Rules of Arbitration
(RA-CAB) shall apply to commercial arbitration organised by the
Chamber of Commerce and Industry of Romania.
(2) The arbitration shall be organised by the
Court of International Commercial Arbitration attached to the
Chamber of Commerce and Industry of Romania, hereinafter called the
Court of Arbitration, in accordance with its Regulations of
Organisation and Operation and these Rules, drawn up in compliance
with the provisions of the Code of Civil Procedure - Book IV, "On
Arbitration" (Articles 340 to 3703).
Art. 2.- (1) The Court of Arbitration shall
organise the settlement of domestic or international commercial
disputes by arbitration, where parties concluded a written arbitral
agreement in this respect.
(2) For the purpose of these Rules, a
commercial dispute is any dispute deriving from a commercial
agreement, including disputes referring to the conclusion,
execution or termination of such agreement as well as disputes
resulting from other legal commercial relations.
(3) A commercial dispute is domestic if
deriving from a domestic agreement or other domestic legal
commercial relations and is international if deriving from an
international agreement or other international legal commercial
Art. 3.- Persons with full capacity of
exercise of their rights may agree to settle by arbitration their
patrimonial disputes, except for the disputes implying rights upon
which the law allows no transaction.
Art. 4.- (1) The arbitration may, by arbitral
agreement, be entrusted to one or several persons, invested by the
parties or in accordance with such agreement to settle a dispute
and to deliver a final and binding award for the parties. For the
purpose of these Rules, the sole arbitrator or, as the case may be,
all invested arbitrators, shall constitute the Arbitral
(2) The settlement of the dispute shall be
the exclusive power of the Arbitral Tribunal.
Art. 5.- Where the Court of Arbitration is
entrusted with the organisation of an arbitration, the parties
agree ipso facto to these Rules, unless, upon requesting the
organisation of the arbitration, the parties have already agreed,
in writing, to other arbitration rules and the same have been
accepted by the Arbitral Tribunal.
Art. 6.- Throughout the arbitral proceedings
the parties shall be ensured equal treatment, the right to defence,
and a reasonable opportunity to present its case, under the
sanction of nullity of the arbitral award.
Art. 7.- (1) The Court of Arbitration, the
Arbitral Tribunal as well as the staff of the Chamber of Commerce
and Industry of Romania shall be bound to ensure confidentiality of
arbitration, refraining from publishing or disclosing, without the
consent of the parties, the data they come to have knowledge of
while fulfilling their duties.
(2) The file of the case shall be
confidential. No third party shall have access to the file without
the written agreement of the parties and the permission of the
Art. 8.- The arbitral awards may only be
published upon the parties' agreement. Comments on the legal
matters therein may, however, be allowed in journals, arbitral
practice books or compilations, without mention of the name or
denomination of the parties, or of data that may be prejudicial to
their interests. In such circumstances, the president of the Court
of Arbitration may authorise, case by case, the study of the files
for scientific or documentation purposes, after the settlement of
Art. 9.- (1) The parties shall be bound to
exercise their procedural rights bona fide and in accordance with
the purpose they are granted. They shall co-operate with the
Arbitral Tribunal for the appropriate progress of the arbitral
proceedings and the settlement of the dispute in due
(2) Any obstruction or undue delay of the
dispute shall be considered a breach of the arbitral
(3) At any stage of the dispute, the Arbitral
Tribunal shall attempt settlement upon the parties'
The Arbitral Agreement
Art. 10.- (1) The arbitral agreement shall be
concluded in writing under the sanction of nullity.
(2) The same may also be concluded either
under the form of an arbitration clause, stipulated in the main
contract, or of a separate agreement called compromise.
Art. 11.- (1) Under the arbitration clause,
the parties agree that disputes arising from the contract
stipulating for it or in connection with the same, shall be settled
by arbitration, with mention of the names of the arbitrators or of
the modality of their nomination. In the absence of such mention
and should the Chamber of Commerce and Industry of Romania, or
directly the Court of Arbitration, be entrusted with the
organisation of the arbitration, the arbitrators shall be nominated
in accordance with these Rules.
(2) The validity of the arbitration clause
shall be independent of the validity of the contract it is included
Art. 12.- Under the terms of the compromise
the parties agree that a dispute arising between them shall be
settled by arbitration, while indicating, under the sanction of
nullity, the object of the dispute and the names of the arbitrators
or the modality of their nomination.
Art. 13.- (1) The arbitral agreement may also
originate in the filing by the Claimant of a Request for
Arbitration and the agreement by the Respondent that such request
be settled by the Court of Arbitration.
Art. 14.- The State, the
administrative-territorial units and other public law legal
entities are entitled only to conclude a valid arbitral agreement
in the international commercial arbitration, unless otherwise
provided by the law.
Art. 15.- (1) The conclusion of an arbitral
agreement excludes the jurisdiction of the judicial courts for the
dispute making its object.
(2) The Arbitral Tribunal verifies its own
authority to settle the dispute and decides thereupon by a
resolution which may only be overthrown following a set aside
motion against the arbitral award under Art. 69-71 of these
Art. 16.- (1) The president of the Court of
Arbitration may refuse to organise an arbitration, should there be
doubts or challenges as to the existence of the arbitral agreement
or should the same be prima faciae null and void or
(2) However, should the parties or one of
them insists on having the arbitration organised, the Court of
Arbitration shall proceed to the organisation, and thereafter the
Arbitral Tribunal shall rule on the existence or validity of the
The Arbitrators. Constitution of the Arbitral
Time and Place of the Arbitration
Art. 17.- (1) Any natural person who is a
Romanian citizen, and has full capacity to exercise his/her rights,
is held in high esteem and benefits adequate qualification and
expertise in the field of commercial law or international economic
relations, is eligible for the office of arbitrator.
(2) The arbitrators are enrolled, upon their
own consent, on a list which shall include: the full name and, as
the case may be, the qualification, the titles and degrees or a
brief presentation of each arbitrator's professional
(3) The parties are free, under the arbitral
agreement, to appoint as arbitrators other persons too, who are not
enlisted and who, due to their skills and uprightness, enjoy their
Art. 18.- Neither party shall be allowed to
appoint an arbitrator on behalf of the other party or to have more
arbitrators than the other party.
Art. 19.- (1) The parties shall determine
whether the dispute shall be settled by a sole arbitrator or by two
or several arbitrators.
(2) Where parties have not determined the
number of arbitrators, the dispute shall be settled by three
arbitrators, one appointed by each party and the third arbitrator -
the presiding arbitrator - appointed by the two
(3) Where there are several claimants or
respondents, the parties who have joint interests shall appoint a
sole arbitrator. In case of disagreement, the arbitrator shall be
appointed by the president of the Court of Arbitration.
Art. 20.- The arbitrators shall be
independent and unbiased in fulfilling their duties. They shall not
be the representatives of the parties.
Art. 21.- The arbitrators shall be appointed,
dismissed or replaced in compliance with the arbitral agreement and
Art. 22.- (1) Where the sole arbitrator or,
as the case may be, the arbitrators have not been appointed by
arbitral agreement, and no stipulation about their appointment has
been made, nor the procedure provided under Articles 347 and 348 of
the Code of Civil Procedure has been applied, the Arbitral Tribunal
shall be made up as follows:
a) in the Request for Arbitration the
Claimant shall nominate an arbitrator or shall propose that the
dispute be settled by a sole arbitrator, indicating his/her
b) in the Answer or in a separate
notification, addressed to the Court of Arbitration within no more
than 20 days of the receipt of the Request for Arbitration, the
Respondent shall appoint an arbitrator indicating his/her name or,
as the case may be, shall reply to the Claimant's proposal
concerning settlement of the dispute by a sole arbitrator and with
reference to the person of the arbitrator.
(2) The parties are recommended to appoint,
apart from an arbitrator, a substitute of the same.
(3) If the appointed arbitrator is not
included in the list of arbitrators, the party shall as far as
possible indicate, apart from the arbitrator's name, other data
too, as provided under Art. 17 (2) concerning the appointed
arbitrator and the deputy, if the latter has been
(4) Upon a party's request, the arbitrator
and the deputy shall be appointed by the president of the Court of
Art. 23.- In the case of an Arbitral Tribunal
made up of three arbitrators, the two arbitrators appointed in
accordance to the provisions under Art. 22, shall select a
presiding arbitrator from among the arbitrators enrolled in the
list of arbitrators within 10 days of the receipt of the
notification by the Court of Arbitration.
Art. 24.- (1) The appointment of an
arbitrator or a presiding arbitrator shall be made upon his/her
prior written consent obtained by the party designating him/her or,
by the two arbitrators in the case of the presiding
(2) Where the appointed arbitrator or
presiding arbitrator has been enrolled in the list of arbitrators
of the Court of Arbitration, his/her consent shall be obtained by
the Secretariat of the Court.
Art. 25.- (1) Should the Respondent fail to
answer in due time, or not comply with the request to appoint an
arbitrator, or should a disagreement arise between the parties
regarding the appointment of the sole arbitrator, or should the two
arbitrators not agree on the person of the presiding arbitrator,
the president of the Court of Arbitration, after the deadlines
provided under Articles 22 and 23, shall appoint the sole
arbitrator or, as the case may be, the Respondent's arbitrator, or
the presiding arbitrator, upon their prior consent.
(2) Unless otherwise provided by the arbitral
agreement, the appointment of the arbitrator shall be made from
among the list of arbitrators of the Court within 5 days of the
date the president of the Court of Arbitration has become aware of
the circumstances provided under paragraph 1
(3) However, should the Respondent, after the
appointment of the arbitrator under the provisions of paragraphs 1
and 2 above, appoint his/her arbitrator no later than the date of
constitution of the Arbitral Tribunal, the appointment already made
shall become null and void.
Art. 26.- (1) An arbitrator may be challenged
for reasons calling in question his/her independence and
impartiality. The reasons for challenge are those provided by the
law for the challenge of judges. Non-compliance with the
qualification requirements or with other requirements regarding
arbitrators, provided by the arbitral agreement, may also be a
reason for challenge.
(2) A party may not challenge its own
appointed arbitrator except for reasons supervened after
Art. 27.- (1) A person aware of a challenging
reason regarding himself/herself shall be bound to inform the
parties and the other arbitrators before accepting the office of
arbitrator, or, should such reasons supervene after his/her
acceptance of the office as soon as he/she has knowledge of
(2) The same may not participate in the
arbitral proceedings unless the parties, apprised thereupon in
compliance with the paragraph hereinbefore, notify in writing that
they do not intend to challenge the arbitrator. Even in this
particular case, that person has the right to refrain from the
judging the dispute, without such abstention signifying recognition
of the challenging reason.
Art. 28.- (1) The challenge shall be made,
under the sanction of forfeiture, within 10 days of the date the
party has taken knowledge of the appointment of his/her arbitrator
or, as the case may be, after the supervention of the reason for
(2) The challenging petition shall be solved
by the Arbitral Tribunal, in the absence of the challenged
arbitrator, as he/she shall be replaced by the president of the
Court of Arbitration or by an arbitrator appointed by the
(3) In case the challenging petition regards
the sole arbitrator, it shall be settled by the president of the
Court of Arbitration or by an arbitrator appointed by the
(4) If the challenging petition is accepted,
the arbitrator, the presiding arbitrator or the sole arbitrator
shall be appointed as provided by these Rules.
(5) The provisions of Art. 26 - 28, paragraph
1 shall equally apply to arbitral experts and assistants. In such
case, the challenge shall be settled by the Arbitral
Art. 29.- In case of vacancy for any reason -
challenge, dismissal, abstention, renunciation, obstruction, demise
- and if no substitute has been appointed or if the substitute has
been prevented from exercising his/her charge, the arbitrator shall
be superseded by the party which appointed him/her within 10 days
of the date at which the party has taken knowledge of the same.
Should the party fail to appoint an arbitrator within that time
limit, the president of the Court of Arbitration shall appoint a
new arbitrator. These provisions shall also apply to the presiding
Art. 30.- The arbitrators are liable to
damages in compliance with the provisions of the law:
a) should they, after acceptance, unduly
abandon their duty;
b) should they, without solid reason, fail to
participate in the settlement of the dispute or to render the award
within the time interval provided by the arbitral agreement or
c) should they fail to observe the
confidentiality of the arbitration, by publishing or disclosing
without the parties' authorisation data of which they take
knowledge as arbitrators;
d) should they flagrantly neglect their
Art. 31.- (1) The Arbitral Tribunal shall be
considered constituted on the date the presiding arbitrator or, as
the case may be, the sole arbitrator take up duties, or on the date
of the last acceptance if the Arbitral Tribunal is composed of two
(2) The members of the Arbitral Tribunal
shall sign a statement by which, confirming acceptance of the
appointment, they commit themselves to impartially fulfil their
duties as arbitrators and strictly comply with the provisions of
Art. 32.- (1) As soon as it is set up, the
Arbitral Tribunal shall be entitled to adjudicate the Request for
Arbitration and other requests concerning the arbitral procedure,
save requests which, as a result of imperative provisions of the
law, are in the jurisdiction of the courts of justice.
(2) Communication of requests, documents,
information related to the dispute shall be made by the Secretariat
of the Court of Arbitration, without the arbitrators coming in
direct contact with the parties.
Art. 33.- (1) Unless otherwise agreed by the
parties, the Arbitral Tribunal shall render the award within five
months at the most of the date of its set up.
(2) The above time limit shall be delayed
with the extent of time necessary for settlement of an incidental
request for arbitration or for completion of the Arbitral Tribunal,
as provided under Art. 29.
(3) The parties may agree, at any time in the
course of the arbitral proceedings, to delay the time limit of
arbitration, by either written or oral statement, made before the
Arbitral Tribunal and noted down in the minute of the
(4) Similarly, the Arbitral Tribunal may
order, upon solid grounds, delay of the time limit of arbitration
for no more than two months.
(5) The time limit shall be delayed de jure
by two months, as provided under Art. 60, and in case one legal
entity is deprived of its legal capacity, or in case of death of
one of the parties.
(6) The delay of the time limits, as provided
by this article, shall not be considered as a reason for nullity of
the arbitration, unless one of the parties has notified the other
party and the Arbitral Tribunal, by the first hearing date, that
he/she understands to disclaim the validity of the
Art. 34.- The place of arbitration is the
seat of the Court of Arbitration. The parties, in agreement with
the president of the Court may, however, decide to sit in some
Statement of the Case to the Arbitral
Tribunal. Request for Arbitration.
Statement of Defence. Counterclaim.
Communication of Documents.
Provisional and Conservatory Measures.
Art. 35.- Prior to forwarding the statement
of the case to the Arbitral Tribunal, the interested party may
request necessary information from the Secretariat of the Court of
Arbitration and may get these Rules, the list of arbitrators and
the Schedule of Arbitral Fees and Expenses.
Art. 36.- (1) The Claimant shall submit to
the Arbitral Tribunal a petition in written form, called Request
for Arbitration or arbitral claim, including the following
a) name in full and address/residence where
the Claimant is a natural person or name and head office where the
Claimant is a legal entity. Also shall be mentioned, as the case
may be, the registration number with the Register of Commerce, the
phone, telex, fax numbers and the bank account;
b) name in full and position of the person
who engages or represents a party to a dispute, with relevant
evidence of his/her position annexed thereto;
c) reference to the arbitral agreement, with
a copy of the contract stipulating it annexed thereto; provided
that there is a compromise, a copy thereof shall be
d) the object and the amount of the claim,
including the method of calculation;
e) statement of the de facto and de jure
grounds for each individual claim, with reference made to the
relevant written or other proofs. Where a request for hearing of
witnesses is made, their full names and addresses shall be
f) full name of the appointed arbitrator or
of the sole arbitrator nominated for the case;
g) evidence of the payment of arbitral
h) proof of the notification to the
Respondent of the Request for Arbitration and accompanying
i) the party's signature.
(2) All documents shall be filed in their
original or in duplicate bearing the party's
(3) Where the Request for Arbitration or the
documents in the file have been written in a foreign language, the
Arbitral Tribunal may ex officio or upon request, order the
involved party to submit a Romanian translation or, in case of
international commercial arbitration, a translation into an
international language. The parties may request the Court of
Arbitration to provide for translation at their expense.
Art. 37.- (1) The Request for Arbitration
shall be addressed to the Court of Arbitration and shall be filed
together with the accompanying documents at the Registrar's Office
of the Chamber of Commerce and Industry of Romania.
(2) The Request for Arbitration shall be
considered to have been filed on the date of its registration with
the Registrar's Office of the Chamber, or, if mailed, on the date
specified by the post-mark of the forwarding
Art. 38.- (1) Should the Request fail to meet
all the requirements and specifications stipulated under Art. 36,
the Secretariat of the Court of Arbitration shall notify the
Claimant, as soon as possible, to revise them accordingly within a
period of time no longer than 10 days of the date of the receipt of
(2) The Secretariat shall also check in the
payment of the arbitral fee, and if the Claimant has failed to pay
it in accordance with the Schedule of Arbitral Fees and Expenses,
it shall notify the Claimant the amount and the modality of payment
of the fee due.
(3) Should the evidence of the payment of the
arbitral fee fail to meet the terms notified by the Secretariat to
the Claimant, the Request for Arbitration shall be returned to the
Art. 39.- (1) Within no more than 5 days of
the date of receipt of the Request for Arbitration or, as the case
may be, from the termination of the time limit stipulated under
Art. 38 (1), the president of the Court of Arbitration shall set
the first hearing date of arbitration when the parties are
summoned. The hearing date shall not be sooner than 30 days of the
forwarding of subpoenas.
(2) Should the Claimant fail to notify the
Request for Arbitration directly to the Respondent, such
notification together with the accompanying documents, these Rules
and the list of arbitrators shall be made, upon the Claimant's
request and together with the subpoenas, by the Secretariat of the
Court of Arbitration. In this case, the Request shall be filed in
as many duplicates as the number of Respondents plus one duplicate
for the Court of Arbitration.
Art. 40.- (1) Upon receipt of the Request for
Arbitration, the Respondent shall submit a statement of defence
including, on the one hand, the name in full of the arbitrator
appointed by him/her or his/her answer to the Claimant's proposal
regarding the settlement of the dispute by a sole arbitrator and
the person of the arbitrator and, on the other hand, the special
pleadings to the Claimant's request, de facto and de jure answer to
such request, the evidence to be used in defence and all the other
documents and requirements provided under Art. 36 for the
admissibility of a request for arbitration.
(2) Within 20 days of the receipt of the
Request for Arbitration, the Respondent shall communicate to the
Claimant his/her answer together with the accompanying documents,
and shall also submit a copy thereof to the Court of Arbitration,
together with evidence of his/her having notified the
(3) Failure of the Respondent to communicate
or to submit his/her answer shall not imply his/her acceptance of
the claims laid by the Claimant.
(4) Where proceedings are adjourned because
of the Respondent's failure to communicate or submit his/her
answer, he/she shall be liable to bear the cost of expenditure
caused by the delay.
(5) Upon the Respondent's request, his/her
answer shall be communicated by the Secretariat of the Court of
Arbitration. In this case, two duplicates of the answer and of the
accompanying documents shall be filed.
Art. 41.- As soon as the Arbitral Tribunal
has been set up, the Secretariat of the Court of Arbitration shall
forward the file to the Arbitral Tribunal and shall make record of
such fact and of the submission date.
Art. 42.- The Secretariat of the Court of
Arbitration shall take care that the interval of time between the
registration date of the Request for Arbitration and the first
hearings in the arbitration should not exceed 60 days, unless the
president delays the hearings for justifiable reasons.
Art. 43.- (1) Should the Respondent lay
claims against the Claimant on grounds derived from the same legal
relationship, the former may file a counterclaim.
(2) The counterclaim shall be filed within
the time limit for filing the answer or by the date of first
hearing at the latest and shall comply with the same requirements
as the main claim. The counterclaim is due to be settled together
with the main claim. Should only the main claim allow for a
settlement, the counterclaim may be settled separately.
Art. 44.- (1) The notification, by the
Secretariat of the Court of Arbitration, of the Request for
Arbitration, subpoenas and arbitral awards shall be made by
registered letter with confirmation of delivery or by express
(2) All the other documents, information and
various notifications may also be forwarded by registered letter
with post note of delivery, by express delivery mail, E-mail,
cablegram, telex, telefax or any other channel of communication
that allows evidence of the delivery or transmission. In case of
telephone communications, the assistant arbitrator shall record in
the file the date and hour of the call.
(3) Written notifications to the parties
shall be deemed to have been forwarded even if the recipient either
refuses receipt or does not take the delivery from the post office,
although there is evidence of his being notified
(4) Any written statement may also be handed
over directly to the party or its representative under his/her
signature which shall be certified by the assistant arbitrator or
an agent of the Court of Arbitration with mention of the date of
(5) Evidence of the communication shall be
included in the file.
Art. 45.- As the case may be, the
notification is delivered to the address mentioned in the party's
Request for Arbitration or in the Statement of Defence or in the
parties' contract and mail correspondence. Any change of address
shall not be taken into consideration unless the other party and
the Court of Arbitration have been duly notified of the
Art. 46.- (1) Before or during the arbitral
proceedings, either party may request the competent court to
institute provisional and conservatory measures with regard to the
object of the dispute or to issue a statement of factual
(2) Copies of the Request for Arbitration and
the arbitral agreement shall be annexed to the above
(3) The Arbitral Tribunal shall be notified
by the party, having requested provisional and conservatory
measures, that such request has been granted.
Art. 47.- In the course of the arbitral
proceedings, the Arbitral Tribunal too shall have power to decide
on provisional and conservatory measures or to make a statement of
factual circumstances. Should any objection arise, the competent
court shall be requested to rule on the execution of the
Art. 48.- (1) The arbitral expenses include:
the arbitral fee, expenses for producing evidence, expenses
incurred by the translation of documents and of the proceedings,
arbitrators', attorneys', experts' and advisers' fees, travel
expenses of the parties, arbitrators, witnesses, experts and
advisers as well as other expenditure relating to the settlement of
(2) The arbitral fee covers the services
provided by the Court of Arbitration in organising and conducting
the arbitration procedure.
(3) The fees of the Romanian arbitrators
enrolled on the list of arbitrators, are included in the arbitral
fee. The other arbitrators' fees shall be paid in advance by the
party having appointed them.
(4) The arbitral fees are established and
paid in accordance with the Schedule of Arbitral Fees and Expenses,
approved by the Executive Board of the Chamber of Commerce and
Industry of Romania.
(5) Unless the arbitral fee and the other
arbitral expenses are paid in compliance with the Schedule herein,
no account shall be taken of the Request for Arbitration and the
arbitral proceedings shall not be carried out.
(6) The arbitral expenses shall be borne
according to both parties' agreement.
(7) In default of such an agreement, the
arbitral expenses shall be borne by the party that has lost the
case, in full where all the claims of the Request for Arbitration
have been accepted or scaled proportionally to whatever claim of
the Request, where the Request has been partially
(8) Upon request, the Arbitral Tribunal may
order the party whose fault caused useless expenses to the other
party to indemnify the latter.
Art. 49.- (1) The parties may participate at
hearings either in person or through representatives and may be
assisted by attorneys, advisers, interpreters or other
(2) Where both parties agree, and provided
that the Arbitral Tribunal grants approval, the hearings may be
attended by other persons as well.
Art. 50.- (1) Failure of one party, although
duly summoned, to attend the hearings shall not prevent the
progress of the proceedings, unless the absent party submits, the
day before the date of the hearings at the latest, a request to the
Arbitral Tribunal for adjournment of the hearings on solid grounds
and notifies the other party thereof. Only one adjournment may be
(2) The party having attended or been
represented in one hearing shall not be summoned every time in the
course of arbitral proceedings, being deemed to have knowledge of
the next hearings dates, unless otherwise provided by these
(3) The hearing dates, of which knowledge has
been taken or for which subpoenas have been served, may not be
changed, unless sound grounds are provided and the parties are
Art. 51.- Either party may request in writing
for the dispute to be settled in his/her absence, in consideration
of the documents filed.
Art. 52.- In case both parties, although duly
summoned, do not attend the hearings on the due date, the Arbitral
Tribunal shall proceed with the settlement of the dispute, except
where adjournment for justifiable grounds is requested. The
Arbitral Tribunal may also adjourn rendering the award and summon
the parties where their presence at the hearings or production of
evidence is deemed necessary.
Art. 53.- (1) Each party shall have the
burden of proof either claim or in defence.
(2) In settling of the dispute, the Arbitral
Tribunal may request the parties to present written explanations
relative to the claim and the facts of the dispute and order
production of any evidence as provided by the law.
(3) Evidence shall be produced during the
sessions of the Arbitral Tribunal.
(4) Witnesses and experts shall be heard
without being asked to take the oath.
(5) The Arbitral Tribunal is not qualified to
exert coercion or punish witnesses or experts. To have these
measures decided, the parties shall apply to the competent
(6) Arbitrators shall value the evidence in
accordance with their intimate conviction.
Art. 54.- (1) Any plea against the existence
or validity of the arbitral agreement, the composition of the
Arbitral Tribunal, the limits of the arbitrators' authority and the
development of proceedings before the date of the first hearing,
shall be claimed by that date at the latest, unless a shorter time
limit has not been fixed. As provided under Art. 134 of the Code of
Civil Procedure, the first date of hearing shall be the date when
the parties duly summoned may submit their pleas.
(2) The parties shall submit any requests,
statements or other written documents no later than the date of the
(3) Subject to the law, the Arbitral Tribunal
may accept one party's request for production of evidence only if
such evidence has been asked for by the Request for Arbitration,
the Answer or written statements submitted prior to the date of the
first hearing and notified to the other party. Evidence for the
production of which such requirements are not observed, cannot be
subsequently called upon during the arbitration unless:
a) the necessity of such evidence arises from
the pending hearings;
b) the production of evidence is not a cause
for the delay the settlement of the dispute.
Art. 55.- (1) The arbitral proceedings shall
be recorded in a minute.
(2) Any decision of the Arbitral Tribunal and
the grounds thereof shall be written down in the minute.
(3) Along with the mentions stipulated under
Art. 63 paragraph (1) letters a) and b), the minutes of the session
a) a brief description of the
b) requests and pleas made by the
c) the reasons underlying the decided
d) the order of the Tribunal;
e) the signatures of the arbitrators with
observance of the provisions underArt. 59 and the signature of the
(4) The parties are entitled to take
knowledge of the content of the minutes and of the documents in the
(5) Upon the parties' request or ex officio,
the Arbitral Tribunal may amend or complement the minutes of the
session by other minutes.
(6) A copy of the minute of the session shall
be delivered to the parties upon their request.
Art. 56.- (1) The arbitral proceedings shall
be declared closed on the rendering of an arbitral judgement,
called arbitral award.
(2) Where the Respondent acknowledges
partially the Claimant's claims, the Arbitral Tribunal shall
deliver, upon the latter's request, an interim award in accordance
to the acknowledgement.
(3) Where arbitration lacks jurisdiction, the
Arbitral Tribunal shall close the arbitral proceedings.
(4) Should the Claimant withdraw his/her
Request for Arbitration before the Arbitral Tribunal has been set
up, the arbitral proceedings shall end by closing minutes made by
the president of the Court of Arbitration.
Art. 57.- (1) The Arbitral Tribunal shall
settle the dispute on the grounds of the main contract and the
applicable law, taking into consideration when necessary the trade
(2) Upon an explicit agreement between the
parties, the Arbitral Tribunal may make an award ex aequo et
Art. 58.- (1) Where the Arbitral Tribunal
considers that all circumstances of the case have been clarified
correspondingly, it shall declare the proceedings closed and
proceed to deliberations and the rendering of the award in camera,
all arbitrators being present in person; such participation shall
be specified in the award.
(2) The delivery of the award may be delayed
by 30 days at the latest provided that the period is no longer than
the time limit stipulated under Article 33 with regard to
Art. 59.- Where the Arbitral Tribunal is
composed of an odd number of arbitrators, the award shall be given
by a majority of votes. The arbitrator who is of a different
opinion shall write and sign his/her dissenting opinion, showing
the reasons on which it rests.
Art. 60.- Where the Arbitral Tribunal is
composed of an even number of arbitrators and they do not agree to
the decision to be taken, an umpire shall be appointed in
accordance with the agreement between the parties, or, in default
of this, by the president of the Court of Arbitration. The umpire
thus appointed shall join one of the decisions, which he/she may
amend, or he/she may render another decision, but only after
hearing both parties and following consultations with the other
Art. 61.- (1) Should the Arbitral Tribunal,
in the course of the deliberations and prior to the delivery of the
award, deem that further clarifications are necessary, the dispute
shall be deferred for additional hearings, a new hearings date
being fixed for arbitration with the parties being duly summoned,
on condition that the new hearings date should be later than the
time limit of arbitration as provided under Art. 33.
Art. 62.- (1) Immediately after the closure
of the deliberations and once the decision is reached, the award of
the Arbitral Tribunal shall be written and it shall bear the
signatures of all the members of the Arbitral Tribunal and of the
(2) Where there is a dissenting opinion, it
shall be recorded in the decision.
Art. 63.- (1) The arbitral award shall be
drawn up in writing and shall include:
a) the names of the members of the Arbitral
Tribunal and of the assistant arbitrator, the place and date of the
rendering of the award;
b) the full personal or corporate names of the parties and
their addresses - residence or head office - as well as the full
names of the parties' representatives and of the other persons
having attended the hearings of the dispute;
c) mention of the arbitral agreement underlying the
d) the object of the dispute and a summary of the parties'
e) the de facto and de jure grounds of the award or in
case of an ex aequo et bono arbitral award, the grounds underlying
f) the order;
g) the affixed signatures of all arbitrators, unless the
provisions under Art. 59 are applicable, and the signature of the
(2) Where one of the arbitrators is prevented from having
his/her signature affixed on the award, the cause having prevented
him/her from doing so shall be mentioned, with the presiding
arbitrator's confirmation under signature.
Art. 64.- (1) Where the Arbitral Tribunal omits to decide
in its award on an individual claim specified in the Request for
Arbitration, either party may require, within 10 days of receipt of
the award, that the respective omission be completed. The
additional award shall be delivered with the parties duly
(2) Material errors in the text of the arbitral awards or
other obvious mistakes that do not alter the substance of the
award, as well as calculation errors, may be corrected upon the
request of either party, which shall demand it in accordance with
the provisions of the paragraph hereinabove, or ex officio in a
(3) The additional award or the correction decision shall
be a constitutive part of the arbitral award and shall be delivered
by the same Arbitral Tribunal.
(4) The parties cannot be compelled to cover the award
completion or the correction costs.
Art. 65.- The arbitral award shall be communicated to the
parties within one month, at the latest, of the date of its
Character and Enforcement of the Arbitral
Setting Aside of the Arbitral Award
Art. 66.- (1) The arbitral award shall be final and
binding. The party against which it is rendered shall execute it on
his/her own will either immediately or by the deadline set
(2) The arbitral award communicated to the parties shall
have the final effects as any final decision rendered by a court of
Art. 67.- (1) Upon the request of the winning party, the
arbitral award shall be invested with an executory formula, as
provided by the law.
(2) The investment request shall be submitted to the
competent court at the seat of the Court of Arbitration.
Art. 68.- The arbitral award invested with an executory
formula shall be regarded as a writ of execution and shall be
carried into effect by force as any enforceable
Art. 69.- The arbitral award may only be set aside
following a petition for annulment for one of the following
a) the dispute was not susceptible to be settled by way of
b) the Arbitral Tribunal has settled the dispute in
default of an arbitral agreement or on the grounds of a void or
inoperative arbitral agreement;
c) the Arbitral Tribunal has not been set up in compliance
with the arbitral agreement;
d) the party was absent on the date of the hearings of the
case and the summoning procedure has not been legally
e) the arbitral award has been rendered after lapse of the
arbitration delay provided under Art. 3533 of the Code
of Civil Procedure;
f) the Arbitral Tribunal has decided on matters which have
not been requested or has failed to decide upon a requested matter,
or has given more than requested;
g) the arbitral award fails to include the order and the
reasons, to show the date and place of its rendering, and it is not
signed by the arbitrators;
h) the order of the arbitral award includes provisions
which cannot be complied with;
i) the arbitral award infringes the public order, bones
mores or mandatory provisions of the law.
Art. 70.- (1) The parties cannot waive, by way of the
arbitral agreement, their right to institute proceedings to set
aside the arbitral award.
(2) Waiving such right may, however, be made after the
delivery of the arbitral award.
Art. 71.- (1) Jurisdiction for solving the setting aside
proceedings is incumbent, depending on the amount claimed in the
Request for Arbitration, upon the Court of Appeal of the City of
Bucharest or the Tribunal of the City of Bucharest.
(2) Setting aside proceedings may be instituted within one
month of the date of communication of the arbitral
Special Provisions regarding International Commercial
Art. 72.- (1) Alongside the provisions of these Rules, the
provisions of the international conventions to which Romania is a
party shall also apply in the settlement of international
(2) The parties shall be free to decide either for these
Rules, or the UNCITRAL (United Nations Commission for International
Trade Law) Arbitration Rules. In the latter case, the arbitrator
Appointing Authority shall be the president of the Court of
Arbitration. Where parties have decided for other rules of
procedure, the provisions under Art. 5 of these Rules are still
Art. 73.- (1) The parties shall be free to determine, by
their agreement, the law applicable to the merits of the
(2) In default of such agreement, the Arbitral Tribunal
shall decide on the applicable law, according to the pertinent
conflict of laws rules.
Art. 74.- By the arbitral agreement referring to
international commercial arbitration, the parties may establish
that the place of arbitration be in Romania or in a different
Art. 75.- (1) In international commercial arbitration held
in Romania or in compliance with the Romanian law, the Arbitral
Tribunal shall be composed of an odd number of arbitrators, each
party having the right to appoint an even number of arbitrators,
either Romanian or foreign citizens.
(2) The parties may agree that the sole arbitrator or the
presiding arbitrator shall be a citizen of a third country enrolled
in the list of arbitrators of the Court of Arbitration.
(3) After the Arbitral Tribunal has been set up, and, as
the case may be, after the file has been completed, the presiding
arbitrator shall fix the date of the hearings of the dispute for
the date on which the parties are summoned to appear in court. The
first hearings date shall not be sooner than 45 days from the date
on which subpoenas have been forwarded.
Art. 76.- (1) In international commercial arbitration, the
duration of the time limits provided under Art. 38, paragraph 1 and
Art. 6 shall be double.
(2) Unless otherwise agreed by the parties, the Arbitral
Tribunal shall currently render the award within no more than 12
months at the latest of the date of its constitution.
Art. 77.- (1) The hearings of the dispute before the
Arbitral Tribunal shall be in the language established by the
arbitral agreement or, unless otherwise provided or a subsequent
convention intervenes, in an international language decided by the
(2) Where a party is ignorant of the language in which the
arbitration proceeds, the Arbitral Tribunal shall provide for the
services of an interpreter upon the request and at the expense of
(3) The parties may attend the hearings with
Special Provisions regarding Ad-hoc
Art. 78.- (1) In case of an ad-hoc
arbitration organised by the parties for the settlement of a
dispute, the Court of Arbitration may provide assistance to them
upon their joint request or upon one party's individual request
followed by the other party's agreement formulated in writing, and
the payment of the due arbitral fee.
(2) The assistance of the Court of
Arbitration in an ad-hoc arbitration consists in fulfilling all or
a part of the following tasks, in accordance with the agreement
with the parties:
a) appointment of the arbitrators and of the
presiding arbitrator, in accordance with the arbitral agreement and
these Rules of Arbitration and, in general, carrying out or, as the
case may be, verifying the fulfilment of the formalities required
for the composition of the Arbitral Tribunal and the establishment
of the arbitrators' fees;
b) making available to the parties these
Rules of Arbitration and a list of arbitrators, both of which being
optional to the parties;
c) providing, upon arbitrators' request, of
data, information or documents relative to doctrinal and
jurisprudential solutions in a particular matter;
d) providing secretarial services for
arbitration such as: receipt and registration of mailed documents,
issue of subpoenas and communication of written documents, issue of
various notifications to the parties and arbitrators, record of the
proceedings in the minutes of the sessions, file registration of
documents, filing and keeping of files, as well as other similar
activities which may be required for a proper development of the
e) providing adequate rooming for arbitration
f) monitoring and facilitating arbitration
proceedings in order to ensure their proper on-schedule
g) examination, upon the Arbitral Tribunal's
and the parties' request, of the draft arbitral award in terms of
its wording and/or legal matters, without, however, influencing
upon the arbitrators' free decision.
Art. 79.- These Rules shall be complemented
by the provisions of the ordinary rules of the Romanian civil
procedure insofar as the same are compatible with the arbitration
and the commercial character of the disputes.
Art. 80.- The disputes in progress on the
date of enforcement of these Rules shall be settled in compliance
with the Rules in force on the date of submission of the Request
for Arbitration, unless the parties choose these Rules.
Art. 81.- (1) These Rules shall come into
force on January 1, 2000.
(2) Any contrary provisions shall be repealed
as of the date of coming into force of these Rules.
Schedules of Arbitral Fees and Expenses
(This Schedule has been drafted under Art. 13, paras. 5
and 6 of the Decree-Law No. 139/1990 on the chambers of commerce
and industry of Romania, and Art. 3596 of the Code of Civil
Procedure and were adopted by the Executive Committee of the
Chamber of Commerce and Industry of Romania in its session of
November 29, 1999.
This text comprises the amendments adopted by the Executive
Committee of the Chamber of Commerce and Industry of Romania in its
Meeting of October 30, 2000, which came into force as of November
1, 2000. )
Art. 1.- (1) For the payment of the arbitral services
provided by the Court of International Commercial Arbitration
attached to the Chamber of Commerce and Industry of Romania,
hereinafter called the Court of Arbitration, an arbitral fee shall
be established based on the value of the object of the Request for
Arbitration, as follows:
A. Where the value of the claim is denominated in Romanian
Amount of the object of the claim
a) up to 10 million lei
3 million lei (minimum arbitral fee)
b) from 10,000,001 lei to 50 million lei
3 million lei plus 10% of the amount exceeding 10 million
c) from 50,000,001 lei to 100 million lei
7 million lei plus 8% of the amount exceeding 50 million
d) from 100,000,001 lei to 500 million lei
11 million plus 6% of the amount exceeding 100 million
e) from 500,000,001 lei to 1,000 million lei
35 million plus 4% of the amount exceeding 100 million
f) more than 1,000 million lei
55 million lei plus 1% of the amount exceeding 1,000
B. Where the value of the object of the claim is
denominated in foreign currency
Amount of the object of the claim
(in US dollars)
a) up to $ 50,000
5% but not less than $ 1500 (minimum arbitral fee)
b) from $ 50,001 to $ 100,000
$ 2,500 plus 3% of the amount exceeding $
c) from $ 100,001 to $ 500,000
$ 4,000 plus 2% of the amount exceeding $
d) from $ 500,001 to $ 1 million
$ 12,000 plus 1% of the amount exceeding $
e) from $ 1,000,001 to $ 2 million
$ 17,000 plus 0.5% of the amount exceeding $ 1
e) more than $ 2 million
$ 22,000 plus 0.5% of the amount exceeding $ 2
The minimum arbitral fee shall be reduced to $ 1,000 if
the claimant is a company with an equity capital of up to 2 million
lei or the equivalent in lei of the amount thereabove or if he is a
sole tradeperson and pays the arbitral fee in a hard
(2) Where the value of the object of the claim is
denominated in a different currency than the US dollar, the
arbitral fee shall be calculated based on the exchange rate between
the respective currency and the US dollar on the date when the
request for arbitration was filed and shall be payable in US
dollars or in any other hard currency.
(3) The provisions of para. (2) shall apply accordingly in
the case of claims denominated in different currencies. The Court
of Arbitration may however establish a single currency for the
payment of the arbitral fee.
Art. 2.- (1) The Claimant shall establish in his/her
Request for Arbitration the value of its object, even when his/her
claims are not of a pecuniary nature.
(2) The value of the object of the Request for Arbitration
shall be generally established as follows:
a) in claims for a monetary amount, at the claimed
b) in claims referring to transfer of goods, at the value
of such goods at the time when the Request for Arbitration has been
c) in claims regarding the obligation of doing or not
doing, at the value indicated by the Claimant.
(3) Where the Request contains several points of claim,
the value of each individual claim shall be calculated separately;
the value of the object of the Request shall be established at the
total amount of all claims.
(4) Where the Claimant has failed to calculate or has
inaccurately calculated the value of the object of the claim, the
Court of Arbitration shall calculate this value ex officio or on
the Respondent's request, based on the relevant data regarding the
object of the Request.
Art. 3.- (1) Apart from the arbitral fees, the parties
shall cover, under the following terms, arbitral expenses
consisting of: expenses relating to producing evidence; translating
documents and debates; fees for arbitrators who are not enrolled in
the list; attorneys' fees; travel expenses incurred by the parties,
arbitrators, experts, counsels and witnesses; the costs of sending
the summons or procedural documents by express delivery mail as
well as other costs incurred by the arbitration of the
(2) The brochure containing the Rules of Procedure of the
Court of Arbitration, the list of arbitrators and this Schedule
shall be delivered free of charge to the interested
Art. 4.- (1) The arbitral fee shall be reduced by 25%
where the dispute is settled by a sole arbitrator.
(2) If the Claimant withdraws his/her Request for
Arbitration prior to the issue of the summons for the first day of
the hearing, the arbitral fee shall be reduced by 75% of its
(3) Where the dispute, as a consequence of the parties'
reconciliation or waiver of arbitration, terminates on the first
day of the hearing, the arbitral fee shall be reduced by 50% of its
(4) Where the Arbitral Tribunal renders an award stating
its lack of jurisdiction for the arbitration, the arbitral fee
shall be reduced by 75% of its amount.
(5) Where the court of law repeals the award for lack of
jurisdiction, the arbitral fee shall be returned in
(6) Where the Claimant reduces his/her claims prior to the
first hearing to which the parties have been summoned, the arbitral
fee shall be calculated according to the value of the claim so
(7) Where an arbitrator's fee is not included in the
arbitral fee, the latter shall be reduced by 12%.
(8) The minimal arbitral fee is irreducible.
Art. 5.- (1) Counterclaims shall be charged exactly like
the main Request for Arbitration.
Art. 6.- (1) Claims for the certification of the existence
or non-existence of a right under Art. 111 of the Code of Civil
Procedure, shall be charged by the double of the minimal arbitral
(2) The challenge of an arbitrator shall be charged by 25%
of the minimal arbitral fee.
(3) Claims for the approval of interim and conservatory
measures and finding certain de facto circumstances shall be
charged by 25% of the minimal arbitral fee.
(4) Requests for the issuance of certificates regarding to
the state of arbitral disputes shall be charged by 10% of the
minimal arbitral fee, without, however, exceeding US$ 15 or the
equivalent amount in lei on the day of the payment.
(5) Claims for contract termination (cancellation,
annulment, rescission) accompanied by pecuniary claims shall be
charged at the value of the goods or the amounts claimed to be
returned, including possible compensations. Where only termination
or confirmation of termination of a contract is claimed, the fee
shall be twice the minimal arbitral fee and if the value of the
contract is higher than 10,000 million lei, the fee shall be 12
(6) Where interests, penalties or increases due to delays
are claimed by the Request for Arbitration, the respective amounts,
from the date they become collectible and until the date the claim
is filed, or it is increased by such claims, shall be, for the
purpose of calculating the arbitral fee, added to the value of the
other pecuniary claims (compensations, returns, etc.).
(7) Claims falling within the jurisdiction of the Arbitral
Tribunal, that are not covered by the provisions above, shall be
charged by the minimal arbitral fee.
Art. 7.- The provisions of Art. 4 shall apply accordingly
to the cases provided under Articles 5 and 6.
Art. 8.- In case of ad hoc assisted arbitration, the
arbitral fee and arbitral expenses shall be established, on a
case-by-case basis, by the President of the Court of Arbitration,
in accordance with the services provided by the Court, and with the
expenses incurred, respectively.
Art. 9.- (1) To cover the cost of the services provided by
the Court of Arbitration in relation to the organisation and
conduct of the mediation procedures, the parties shall pay a fee
equal to 50% of the arbitral fee which would have been due had they
resorted to arbitration. Such fees shall also include the
mediator's (mediators') if they are enrolled in the list of
arbitrators. The provisions of Art. 4 items 7 and 8 shall apply
(2) The mediation fee shall be paid upon filing the
Request for Mediation, in full if the Request is jointly filed, or
50% if it filed by one of the parties only. If the other party
accepts mediation, he/she shall immediately pay the remaining
(3) Where mediation is not accepted, the fee
shall be reduced to 10 per cent of the fee that would have been due
for a Request for Arbitration, but, however, to no less than the
minimal arbitration fee.
(4) All the other expenses incurred by the
parties in relation with the mediation shall be borne by
(5) The President of the Court of Arbitration
may reduce or increase the fee stipulated under para. 1 by up to
20%, taking into account the amount of the object of the claim, the
complexity of the mediation procedure, the time it required and any
other relevant circumstances for the case. The fee differential
shall be payable by the parties in equal shares or similarly
returned to them.
Art. 10.- (1) The arbitration fee shall be
paid in full upon of filing the Request for Arbitration or, as the
case may be, the counterclaim or any other chargeable claims. Proof
of the payment shall be attached to the claim. Such proof can also
be produced within a time limit set by the Secretariat of the Court
of Arbitration, but no later than 10 days as of the reception of
the notification from the Secretariat.
(2) The President of the Court of Arbitration
may approve that the arbitral fee due for the claims provided under
para 1 above, be payable in two equal instalments, the first upon
filing the Request and the second no later than the date of the
first arbitration hearing.
Art. 11.- If proof of the payment of the
arbitral fee fails to be submitted upon filing the Request, or
within the time limit specifically set for this purpose, the
Request for Arbitration shall be returned to the
Art. 12.- (1) The party granted a request for
an expert's report or for producing other evidence, or for
translation, through the care of the Court of Arbitration, of
documents in the file, as well as for interpretation of oral
hearings, shall deposit the amount covering the costs
(2) Where such a measure is ordered ex
officio, the Arbitral Tribunal may order either party or both to
deposit the relevant costs, in a proportion to be
Art. 13.- (1) A share equal to 50% of the
arbitral fee collected by the Chamber of Commerce and Industry of
Romania in Romanian Lei or foreign currency shall be retained in a
fund set up for the payment of the arbitrators' fees.
(2) Arbitrators' fees shall be established by
the President of the Court of Arbitration, taking into account the
amount of the claim and the complexity of the dispute as well as
other relevant circumstances of the case; however, the total amount
of such fees shall not exceed 50 per cent of the arbitral fee
collected in that dispute. Exceptionally, this ceiling may be
exceeded provided there are reserves in the fund for the payment of
the arbitrators' fees.
(3) In case the arbitral proceedings are
suspended without an award being rendered, the arbitrators' fees
shall be reduced accordingly.
(4) Payment of the fees shall be made via the
Chamber of Commerce and Industry of Romania, on termination of the
dispute after an arbitral award has been rendered and written
according to the Rules of Arbitration.
Art. 14.- The payment of arbitral fees and
expenses shall be made in cash directly at the pay office of the
Chamber of Commerce and Industry of Romania or by money orders
accepted by the Chamber of Commerce and Industry of Romania. In the
latter case, the arbitral fee and expenses shall be considered paid
on the date the amounts are registered with the Chamber of Commerce
and Industry of Romania.
Art. 15.- (1) Where either party fails to
meet his/her obligation to pay the arbitral fee or expenses, the
other party may do it, and the arbitral award should decide on how
the respective amounts should be borne.
(2) Any difference in excess or below the
arbitral fees or expenses shall be regulated and paid
Art. 16.- (1) This Schedule shall become
applicable as of January 1, 2000.
(2) Any Request for Arbitration filed prior
to this date shall continue to be subject to the schedule in force
on the date of its registration, if the arbitral fee is paid in
full by then. Where the arbitral fee has been paid in part, the
unpaid differential shall be paid in proportion according to this
Art. 17.- Any other contrary provisions shall
be repealed as of the date of this Schedule coming into