Arbitration proceedings
Rules of arbitration
Art. 53 - Arbitration procedure shall comply with the procedure of the Arbitration Court for Transport provided by this Arbitration Code, unless otherwise agreed by the parties.
Provision of documents
Art. 54 - (1) The provision of arbitration acts, summons, arbitration award and minutes of hearings to the parties shall be performed by special delivery (fully tracked and signed for) post or by currier service.
(2) Notification of the parties of additional measures undertaken by the arbitration court may be performed by fax, e-mail or other means of communication that provide transmission of text documents and acknowledgement of receipt.
(3) Arbitration documents may be personally delivered to the party against signature.
(4) Acknowledgement of notification by each party shall be added to the case files.
Establishment of arbitration term
Art. 55 - (1) After the deadline for counterclaim submission, the arbitration court shall check preparedness for the hearings and, if deemed necessary, undertake appropriate measures to finalise the file.
(2) After the check and preparing of the case for the hearings, the arbitration court shall confirm the day of the hearings and shall provide to the parties a notification and the Statement of Claim, pursuant to Art.52 of this Arbitration Code.
Validation of competence
Art. 56 - (1) According to the arbitration procedure, the arbitration court shall validate its competence to solve the dispute at the first hearing.
(2) If the arbitration court confirms its competence, the decision shall be issued in writing and may be contested only through an action for annulment of the arbitration award.
(3) If the arbitration court cannot confirm its competence to solve the submitted dispute, it shall decide to reject the case and this decision cannot be contested or annulled.
Hearing date
Art. 57 - The minimum period between the receipt of notification by the parties and the day of hearings shall be 15 days.
Third parties
Art. 58 - (1) Third parties may participate in the arbitration in accordance with the legislation and this Arbitration Code with their own consent and with consent of all the parties to the dispute. However, in particular cases, participation of third parties is acceptable without meeting this requirement.
(2) Provisions of art. 57 should be applied accordingly.
Non-attendance
Art. 59 - (1) Non-attendance of a duly summoned party at an arbitration hearing does not impede the process, unless the non-attending party submits a reasonable request to the other party and the arbitrators to postpone the hearing at least 3 days prior to the day of the meeting.
(2) The decision to accept the justification for absence of a party and the reasons for postponement of the arbitration hearing is reserved to the arbitration court and this decision cannot be contested.
Trial in absentia
Art. 60 - (1) Each party may confirm in writing its consent for arbitration hearing in absentia based on the evidence on file.
(2) Provisions of art. 57 should apply accordingly.
Absence of the parties
Art. 61 - (1) If both parties duly summoned by the court fail to appear at the agreed term, the arbitration court holds the hearing, except for the cases of a reasonable request to postpone the meeting brought to the court. The decision to accept the justification of such a request is reserved to the arbitration court and its decision cannot be contested.
(2) Should the parties not bring the request to postpone the hearing, the arbitration court may postpone it with reference to the parties if it considers their attendance mandatory for the hearing, or it establishes a period for the parties to submit their positions in writing.
Precautionary measures and interim measures
Art. 62 - (1) Prior to and throughout the arbitration hearing, each party may request a court of competent jurisdiction to agree precautionary measures and interim measures related to the subject of the dispute or note specific facts or circumstances.
(2) The agreement on providing such measures shall be communicated to the arbitration court by the party that requesting them.
(3) Precautionary measures and interim measures, as well as noting certain facts or circumstances, may also be agreed by the arbitration court during arbitration. If the other party opposes such measures, they shall be provided by a court of competent jurisdiction in line with the law.
Burden of proof
Art. 63 - (1) Each party holds the burden of proof of the facts to which it refers in order to justify its demands and claims.
(2) In order to resolve a dispute, the arbitration court may request the parties to detail in writing the object of the claim and circumstances of the dispute, as well as to provide any evidence in line with law.
Admissibility of evidence
Art. 64 - Evidence that was not presented in the arbitration claim or in the point of defence may not be invoked during arbitration, except for the following cases:
а) evidence is necessary due to claim changes;
b) provision of evidence becomes apparent during the case examination and could not be foreseen by the party;
c) the party indicates to the arbitration court that, due to strong and objective reasons, it was unable to provide the necessary evidence by the deadline;
d) presentation of evidence doesn't lead to postponement of arbitration hearing;
е) all parties agree.
(2) In the cases, provided in p. (1), the opposing party may submit contesting evidence only related to the specific issue that the evidence was invoked for.
(3) the arbitral tribunal has an exclusive right to decide on the usefulness, significance and relevance of the evidence submitted by the parties. The arbitration court, following consultation with the parties, may establish a deadline for submission of evidence. At the end of this period, no further evidence may be submitted, unless the arbitration court considers it essential for the dispute resolution.
Presentation of evidences
Art. 65 - (1) Evidence shall be presented at the arbitration hearing. The arbitral tribunal may decide on presentation of evidence to the sole arbitrator, the super-arbitrator, or, if agreed by the parties, to an arbitrator that is a member of the arbitration court.
(2) If one of the parties has an object which may serve as an evidence, the arbitration court may require its submission.
Witnesses and experts
Art. 66 - (1) Witnesses and experts shall be heard without taking an oath.
(2) Hearing of witnesses and experts may be conducted at their home or in their office, if requested or agreed by them. The arbitration court also provides them a deadline for submission of written answers to the posed questions.
(3) The arbitral tribunal cannot use enforcement measures in relation to witnesses and experts. The parties may address a public court in line with law for such measures.
Request of information from public authorities
Art. 67 - (1) The Arbitration Court may request written information from public authorities relating to their actions and decisions, if such information are deemed to be necessary for the dispute resolution.
(2) If public authorities refuse providing information without a having a substantive and legally bound reason, the parties or the arbitrators may address a competent court in line with law.
Evaluation of evidence
Art. 68 -The arbitration court shall evaluate the evidence based on its own personal convictions.
Exceptions
Art. 69 - (1) Any exception against the existence or validity of an arbitration agreement, constitution of arbitration court, limits of arbitrators' appointment or the execution of arbitration procedure prior to the first hearing that the party was duly summoned to, must be raised prior the first hearing, unless a shorter deadline is set.
(2) All requests and documents shall be submitted prior to the first hearing that the parties were duly summoned to. The provisions of Art. 64 apply accordingly.
(3) Exceptions against procedural actions will not be taken into consideration if not raised by the concerned party when the procedural irregularity took place or at the first hearing after irregularity occurred, at which the party was present and duly summoned to, before closing arguments.
Minutes of hearing
Art. 70 - (1) Minutes shall be taken during each hearing.
(2) Any decision of arbitration court shall be recorded in the minutes, together with its respective justification.
(3) The minutes shall contain the following information:
a) nominal list of the arbitration court, the place and the date of recording of minutes;
b) names of the parties, their corresponding home or residence addresses, or, if applicable, the names and corporate addresses of the legal entities, as well as the names of their representatives and other persons participating in the arbitration;
c) summary of the hearing;
d) pleadings of the parties;
e) reasons for the taken measures;
f) disposition;
g) signatures of all members of the arbitration court and of the arbitration assistant.
(4) A dissenting arbitrator shall submit a signed dissenting opinion, stipulating his/her reasoning. This rule applies in accordance to the cases of concurrent opinion.
(5) The parties have the right to note the minutes and other materials of the case. The arbitration court may make changes or addendums to the minutes, following a request from one of the parties or at its own convenience. The parties may request and obtain copies of the minutes of the hearing.
Petition for cancellation
Art. 71 - (1) Petition for cancellation, in line with law, may be used to contest the minutes of hearing that include the following measures:
a) suspension of legal or additional arbitration, in line with the law;
b) precautionary measures and interim measures, pursuant to Art.62;
c) rejection of request to address the Romanian Constitutional Court regarding the constitutionality of certain legal dispositions.
(2) The legal provisions on annulment of arbitration awards shall apply accordingly, unless otherwise prescribed by this article.
(3) In addition to cancellation reasons in line with law, the lack of conditions stipulated by law required to undertake the measures recorded in the minutes may also be a reason for annulment.
(4) A petition for cancellation of the arbitration agreement may be submitted within 5 days of its announcement, except for the cases indicated by p.(1) a), in which the petition may be submitted during the suspension period.
(5) In the cases indicated by p. (1) b) and (1) c), the petition for cancellation does not lead to suspension of the arbitration term.
