Arbitration in Romania: A Practitioner's Guide
Arbitration in Romania: A Practitioner’s Guide provides international users with information on Romanian arbitration law and practice. Two very practical considerations have generated such need. On the one hand, there is a sizeable part of the international arbitration community confronted with arbitration cases connected to Romania (for example, as far as investment arbitration is concerned, Romania has so far faced twelve cases, each of them raising very interesting legal issues). On the other hand, there is a certain discrepancy between the current international perception on the status of arbitration in Romania and the actual situation, which relegates the country to a rather obscure position.
This book aims to widen international practitioners’ knowledge on Romanian arbitration law and practice thereby providing an opportunity to gain insights into key concepts, such as investment and arbitral proceedings, arbitral institutions, recognition and enforcement, arbitral awards, mediation, disputes, choice of law, etc. The detailed presentation of the current legal framework by the Romanian practitioners offers perspectives on aspects of arbitration in Romania and also provides important information on the development and current status of arbitration in Romania.
What’s in this book:
Among the issues and topics covered are the following:
- regulation of ad hoc arbitration;
- law applicable to the arbitration agreement;
- appointment, challenge, and liability of arbitrators;
- taking of evidence;
- allocation of costs;
- time limit for rendering the award;
- role of courts during arbitral proceedings;
- recognition and enforcement of foreign arbitral awards;
- investment arbitration;
- domain name disputes; and
- the role of Romania’s Dispute Adjudication Board.
All contributors refer to relevant case law. Annexes present important primary texts, including the rules of arbitration of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CICA – CCIR).
How this will help you:
This book presents the first detailed presentation in English of the current legal framework applicable to arbitration and other alternative dispute resolution methods in Romania. If one looks only at the statistics of the ICC in the last years, it can be seen that Romanian law has reached the top ten applicable laws and Romania as a place of arbitration is also frequently mentioned. This book acts as a springboard for international practitioners to understand the nuances of arbitration practices in Romania. The information provided is of great value to all practitioners –helping them to confidently handle cases which entail the application of such laws, and to counsel for companies registered in Romania by foreign investors.
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CHAPTER 1 The Legislative Framework of Arbitration in Romania Ştefan Deaconu, Flavius A. Baias & Ştefan Deaconu
CHAPTER 2 The Choice of Law in Arbitration Drago-Alexandru Sitaru, Teodora-Maria Bantaş-Văduva
CHAPTER 3 The Arbitral Procedure Traian C. Briciu, Crenguţa Leaua, Dalma Demeter, Ioan Schiau, Andreea N. Simulescu, Matei Purice & Crenguţa Leaua
CHAPTER 4 The Role of the Courts of Law in Arbitration Adrian Raţiu, tefan Dudas, Ileana M. Smeureanu, Claudiu Constantin Dinu & Andra Filatov-Dodul
CHAPTER 5 The Arbitral Institutions Cristiana I. Stoica, Marin Voicu & Alina Leoveanu
CHAPTER 6 Investment Arbitration Crina Baltag
CHAPTER 7 Other Alternative Dispute Resolution Methods Cornelia Lefter, Claudiu Ignat, Mihaela Maravela, Crenguţa Leaua & Corina Tănase
APPENDIX 1 List of Abbreviations
APPENDIX 2 Extract of the Romanian Civil Code
APPENDIX 3 Romanian Civil Procedure Code
APPENDIX 4 Regulations on the Organization and Operation of the Court of International Commercial Arbitration Attached to the Chamber of Commerce and Industry of Romania