Complex Commercial Litigation, Romania Chapter, Lexology – Getting the Deal Through, September 2021

Complex Commercial Litigation, Romania Chapter, Lexology – Getting the Deal Through, September 2021

Commercial litigation is the most common method for resolving high-value, complex disputes in Romania.

Other means, such as commercial arbitration and mediation, are also used. Unfortunately, the mediation procedure, although regulated, is not a preferred choice of most business owners because either they distrust the mediator or their counterparty’s willingness to settle. Thus, mediation is rather seen as a loss of precious time before receivables can be recovered.

Arbitration, on the other hand, is used more commonly as a viable alternative to commercial litigation because it tends to shorten the amount of time before a dispute is decided. International Federation of Consulting Engineers (FIDIC) contracts and other public acquisition contracts in the construction feld are often subject to arbitration.

Mention should also be made of the fact that commercial litigation can be brought either in a common procedure before a court of law (having a full range of evidence allowed) or, under certain conditions, in a special procedure such as a fast-track claim (which takes a short amount of time but only provides a limited evidence arsenal to parties).

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