Juris International - Rules of Arbitration

(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)

Chapter I

General Provisions

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 relations.

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 Tribunal.

(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 Arbitral Tribunal.

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 the disputes.

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 time.

(2) Any obstruction or undue delay of the dispute shall be considered a breach of the arbitral agreement.

(3) At any stage of the dispute, the Arbitral Tribunal shall attempt settlement upon the parties’ agreement.

Chapter II

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 in.

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 Rules.

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 ineffective.

(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 arbitral agreement.

Chapter III

The Arbitrators. Constitution of the Arbitral Tribunal.

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 work.

(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 trust.

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 arbitrators.

(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 these Rules.

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 name;

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 designated.

(4) Upon a party’s request, the arbitrator and the deputy shall be appointed by the president of the Court of Arbitration.

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 arbitrator.

(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 hereinbefore.

(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 appointment.

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 them.

(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 challenge.

(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 same.

(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 same.

(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 Tribunal.

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 arbitrator.

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 these Rules,

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 duties.

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 arbitrators.

(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 these Rules.

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 hearings.

(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 arbitration.

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 other locale.

Chapter IV

Statement of the Case to the Arbitral Tribunal. Request for Arbitration.

Statement of Defence. Counterclaim. Communication of Documents.

Provisional and Conservatory Measures. Arbitral Expenses

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 information:

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 attached;

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 indicated;

f) full name of the appointed arbitrator or of the sole arbitrator nominated for the case;

g) evidence of the payment of arbitral fee;

h) proof of the notification to the Respondent of the Request for Arbitration and accompanying documents;

i) the party’s signature.

(2) All documents shall be filed in their original or in duplicate bearing the party’s certification.

(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 post-office.

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 the notification.

(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 Claimant.

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 Claimant.

(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 delivery mail.

(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 thereof.

(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 delivery.

(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 change.

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 circumstances.

(2) Copies of the Request for Arbitration and the arbitral agreement shall be annexed to the above request.

(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 measures.

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 the dispute.

(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 accepted.

(8) Upon request, the Arbitral Tribunal may order the party whose fault caused useless expenses to the other party to indemnify the latter.

Chapter V

Hearings

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 persons.

(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 granted.

(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 Rules.

(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 notified thereof.

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 courts.

(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 first hearing.

(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 shall include:

a) a brief description of the proceedings;

b) requests and pleas made by the parties;

c) the reasons underlying the decided measures;

d) the order of the Tribunal;

e) the signatures of the arbitrators with observance of the provisions under
Art. 59 and the signature of the assistant arbitrator.

(4) The parties are entitled to take knowledge of the content of the minutes and of the documents in the file.

(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.

Chapter VI

Arbitral Award

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 usage.

(2) Upon an explicit agreement between the parties, the Arbitral Tribunal may make an award ex aequo et bono.

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 arbitration.

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 arbitrators.

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 assistant arbitrator.

(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 arbitral proceedings;

d) the object of the dispute and a summary of the parties’ respective claims;

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 the solution;

f) the order;

g) the affixed signatures of all arbitrators, unless the provisions under Art. 59 are applicable, and the signature of the assistant arbitrator.

(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 summoned.

(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 correction decision.

(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 rendering.

Chapter VII

Character and Enforcement of the Arbitral Award.

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 therein.

(2) The arbitral award communicated to the parties shall have the final effects as any final decision rendered by a court of law.

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 judgement.

Art. 69.– The arbitral award may only be set aside following a petition for annulment for one of the following reasons:

a) the dispute was not susceptible to be settled by way of arbitration;

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 fulfilled;

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 award.

Chapter VIII

Special Provisions regarding International Commercial Arbitration

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 commercial disputes.

(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 applicable.

Art. 73.– (1) The parties shall be free to determine, by their agreement, the law applicable to the merits of the case.

(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 country.

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 Arbitral Tribunal.

(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 that party.

(3) The parties may attend the hearings with their interpreter.

Chapter IX

Special Provisions regarding Ad-hoc Arbitration

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 arbitration proceedings;

e) providing adequate rooming for arbitration proceedings;

f) monitoring and facilitating arbitration proceedings in order to ensure their proper on-schedule development;

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.

Chapter X

Final Provisions

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 Lei

Amount of the object of the claim	Arbitral fee
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 lei
c) from 50,000,001 lei to 100 million lei	7 million lei plus 8% of the amount exceeding 50 million lei
d) from 100,000,001 lei to 500 million lei	11 million plus 6% of the amount exceeding 100 million lei
e) from 500,000,001 lei to 1,000 million lei	35 million plus 4% of the amount exceeding 100 million lei
f) more than 1,000 million lei	55 million lei plus 1% of the amount exceeding 1,000 million lei

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)	Arbitral fee
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 $ 50,000
c) from $ 100,001 to $ 500,000	$ 4,000 plus 2% of the amount exceeding $ 100,000
d) from $ 500,001 to $ 1 million	$ 12,000 plus 1% of the amount exceeding $ 500,000
e) from $ 1,000,001 to $ 2 million	$ 17,000 plus 0.5% of the amount exceeding $ 1 million
e) more than $ 2 million	$ 22,000 plus 0.5% of the amount exceeding $ 2 million

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^*	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 currency.

(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 amount;

b) in claims referring to transfer of goods, at the value of such goods at the time when the Request for Arbitration has been lodged;

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 dispute.

(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 parties.

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 amount.

(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 amount.

(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 full.

(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 decreased.

(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 fee.

(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 million lei.

(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 accordingly.

(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 50%.

(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 them.

(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 Claimant.

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 thereof.

(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 established.

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 forthwith.

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 Schedule.

Art. 17.– Any other contrary provisions shall be repealed as of the date of this Schedule coming into force.