505 views

The new Regulation for organization and functioning of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry

In the Official Gazette of Romania, Part I, no. 328 dated May 6, 2014 was published the Decision no. 6/2014 belonging to the Board of the Romanian Chamber of Commerce and Industry for approving the Regulation on the organization and functioning of the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry.

Under the new Regulation, the Arbitration Court is composed of referees, confirmed by the Leading Board of the Romanian Chamber of Commerce and Industry, considering the proposal of the Court of Arbitration`s Board from the persons who fulfill the conditions laid down in the Regulation and in the Arbitration Rules of the Court of Arbitration.

In the arbitration organized by the Arbitration Court, persons not listed on the referees list may act as referees as long as the parties appointed them through an arbitration agreement and they meet the conditions stipulated by the Regulation and Arbitration Rules of the Arbitration Court.

The registration of Romanian and foreign referees on the list of referees requires the fulfillment of the following conditions:
– written request containing the person`s statement that he acknowledges the Arbitration Rules of the Arbitration Court;
– higher legal education;
– at least eight years of legal experience;
– completion of the questionnaire prepared by the Court of Arbitration`s Board;
– approval of the Court of Arbitration`s Board.
The mandate of an referee is five years, with a possibility of renewal.

Leadership of the Arbitration Court

The Arbitration Court is led by a Board including the chairman and four members. The Court of Arbitration`s Board is appointed by the Board of the Romanian Chamber of Commerce and Industry, from the referees registered,  for a term of three years, which may be renewed. The four members are nominated by the President of the Court of Arbitration.

Defining the Arbitral Tribunal

The Arbitral Tribunal includes a sole referee or three referees appointed in accordance with the Arbitration Rules of the Arbitration Court.
The appointment of the referees shall be made by parties to the dispute, in accordance with the Arbitration Rules of the Arbitration Court.
The referees appointed by the parties shall appoint the presiding referee considering the terms and conditions set out in the Rules of Arbitration of the Arbitration Court.

Other provisions

In order to apply the new regulation, the Court of Arbitration`s Board has to reconfigure the list of referees under the new criteria established by the Regulation.

Until setting up the new rules of the arbitration procedure in the spirit of the new Regulation, the appointment of referees and presiding referee shall be made in accordance with the rules laid down in Book IV of the new Civil Procedure Code.

In case of ongoing trials, for which the Arbitral Tribunal has been constituted under the old rules and that have not yet reached the first arbitration term, the appointment of arbitrators will be made ​​in accordance with Civil Procedure Code, by the parties, within a ten days term. The ten days period starts from the date of entry into force of the Regulation.

In case of  ongoing trials which have passed the first stage of the judicial arbitration term, the appointment of the referees under the Civil Procedure Code shall be made ​​only with the agreement of both parties, no later than the next  arbitration term.

:: The source: JURIDICE.ro

Adina Elena OPREA
Junior Lawyer D&B David şi Baias

Related posts