Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Art. 1.- (1) The Chamber of Commerce and Industry of
Romania makes available a procedure of optional mediation to its
members and any interested businesspersons under the terms of these
Rules, aiming at an amicable settlement of the disputes arising
from their commercial relations as well as at avoiding court or
arbitral proceedings. The organisation and conduct of the optional
mediation procedure is provided through the Court of
International Commercial Arbitration attached to the Chamber of
Commerce and Industry of Romania.
Art. 2.- (1) The mediation procedure is optional for the
parties and cannot be carried out without their written
(2) The parties may agree that the mediation procedure
shall be compulsory and shall precede any court or arbitral
(3) Where no agreement or only a partial agreement is
made, the mediation procedure shall not imply continuation by court
or arbitral proceedings.
Art. 3.- (1) Where parties agree to an optional mediation
by the Court of Arbitration, their agreement per se shall imply
acceptance of these Rules.
(2) The parties may adjust these Rules according to their
written agreement which shall be notified to the Court of
Arbitration in due time.
Request for Mediation
Art. 4.- The mediation procedure begins with the lodging
of a Request by the parties, either jointly or individually, to the
Court of Arbitration, containing a brief statement of the object of
mediation, the party's or parties' position as well as any other
necessary information. Such Request shall be accompanied by written
evidence, and by a proposal for the appointment of the
Art. 5.- Where the Request for Mediation is filed by one
party, the Secretariat of the Court of Arbitration shall notify the
other party about it while inviting the latter to send within ten
days a reply as to whether it does or does not accept the attempt
of mediation, and if affirmative, to concurrently present its own
point of view, accompanied by written evidence, as well as its
proposal for mediator(s).
Art. 6.- In default of a reply within the time limit
stipulated under Art. 5 hereinbefore or if the attempt of mediation
is not accepted, the Secretariat of the Court of Arbitration shall
notify the party having filed the Request for Mediation, and the
proceedings shall be closed by a minute drawn up by the President
of the Court.
Conduct of Mediation Proceedings
Art. 7.- (1) If the parties agree to the attempt of
mediation, the President of the Court of Arbitration shall appoint,
in keeping with the parties' request, one or three mediators from
among the panel of arbitrators, unless the parties designate other
(2) The Request for Mediation, together with all the
accompanying documents shall be made available to the mediator(s)
by the Secretariat of the Court of Arbitration.
(3) After consultation with the parties, the Mediator(s)
shall set a date for the conduct of the mediation proceedings, for
which the parties must be duly summoned in writing by the
Secretariat of the Court of Arbitration.
Art. 8.- (1) The mediator(s) shall attempt, together with
the parties, to achieve a fair and impartial settlement of the
(2) After hearing the parties, examining the files and
undertaking, if so deemed necessary, other investigations, the
mediator(s) may advise the parties on an equitable settlement of
Art. 9.- The attempt of mediation shall terminate, as the
case may be:
a) upon the parties' concluding an agreement which equals
the binding effect of a contract;
b) upon the drawing up by the mediator(s) of a minute
stating the failure of the attempted mediation. Such minute need
not be motivated.
c) upon notification to the Court of Arbitration by the
parties or one of them to the effect of discontinuing the attempt
Art. 10.- Summoning of the parties to the mediation
proceedings, sending of documents or communication of any
information to the parties, shall be performed through the proper
and most expedient channels, while mention about their fulfilment
as such shall be recorded in the file.
Art. 11.- Unless the parties have otherwise agreed, the
mediator shall not be an arbitrator or representative or adviser of
either party in any court or arbitral proceedings having as object
the dispute submitted to mediation.
Art. 12.- (1) The mediation procedure is confidential, and
confidentiality shall be preserved by all the persons involved,
even after its termination and irrespective of its
(2) The parties shall commit themselves not to call upon
in any court or arbitral proceedings:
a) the points of view stated during the mediation
procedure for the purpose of finding an amicable
b) the proposals or recommendations made by
c) the statements of either party to the effect of its
readiness to accept such proposals or recommendations.
(3) The content of the agreement reached within the
framework of such mediation shall likewise be confidential, save
where its enforcement requires proceedings before a court of
Art. 13.- These Rules were approved by the Board of the
Court of Arbitration by its Decision No. 3 dated September 10,
1999, and shall come into force as of January 1, 2000.