International arbitration under Romanian law – an overview

International arbitration under Romanian law – an overview

Romania is a jurisdiction with a longstanding tradition in terms of arbitration: its first modern civil procedure code, dated 1865, comprised an entire chapter dedicated to arbitration proceedings (preserved until 1993) which encompassed some of the main arbitration-related aspects that are regulated in today’s law systems (e.g. arbitration agreement, appointment and revocation of arbitrators, arbitration rules, enforcement of arbitral awards, etc.).

However, this type of dispute resolution existed long before the modern civil procedure code, references thereto being encountered, for instance, in Romanian regulations dating back to 1817.

During the communist period, when the number of trade-related disputes decreased dramatically due to the lack of private undertakings, arbitration-related provisions as well as the arbitration process itself nonetheless survived, being used between Romanian stateowned undertakings as well as between these and their international counterparts, when it came to international trade.

Later on, when Romania saw a revamping of its trade legislation after the fall of communism, arbitration-related provisions within the civil procedure code dated 1865 were modernised and the country emerged as an arbitration-friendly jurisdiction. This was due to a number of factors, including arbitration law and court practice on the recognition and enforcement of arbitral awards, Romania’s accession to various treaties on international arbitration, Romanian arbitration institutions, and private parties’ arbitration culture.

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