Arbitration fees
Arbitration fees payment obligation
Art. 92 - (1) In order to organise the arbitration, the Arbitration Court for Transport requires arbitration fees to be paid in accordance with the rules of procedure of the Arbitration Code on Transport and Related Activities.
(2) Payment shall be made in advance by the claimant or by both parties depending on the case.
(3) If the winning party stipulated it in the arbitration agreement or in the points of defence that payment of arbitration fees shall be made by the other party, the defeated party will be responsible for this payment.
Calculation of arbitration fees
Art. 93 - (1) The arbitration fees shall be calculated by the Secretariat of the Arbitration Court for Transport and communicated to the parties by the Statement of Claim.
(2) If the stated claims are expressed in foreign currency, the fees shall be calculated in RON at the official exchange rate of the National Bank of Romania on the day of claim initiation.
(3) If the claimant or both parties are not Romanian residents, the payment of the arbitration fee may be made in the currency of the stated claims, pursuant to p.(2).
(4) If the stated claims were presented in various currencies, the Secretariat of the Arbitration Court for Transport shall decide if the arbitration fees payment will be made in RON or in one of the currencies of the claim.
Evaluation of damage
Art. 94 - (1) The claimant is required to stipulate the claim amount even in the cases of no monetary claims.
(2) The evaluation of damage shall typically be performed as follows:
a) for claims requesting repair of material damages - according to the stated amount;
b) for claims requesting recovery in kind - according to the stipulated price of the objects of the claim on the day of claim initiation;
c) for claims requesting compliance or non-compliance with obligations - in the amount, stipulated by the claimant.
(3) For claims containing multiple demands, the value for each demand shall be calculated separately; the total amount of stated claims determines object of the claim`s value.
(4) If the claimant did not stipulate or inexactly stipulated the extent of damage, the Secretariat of the Arbitration Court for Transport, of its own motion or at request of the respondent, shall calculate the amount on the basis of the data related to the subject of the claim.
Restitution of arbitration fees
Art. 95 - (1) If the claimant withdraws the arbitration request before summon to the first hearing was sent, 50% of arbitration fee shall be returned.
(2) If the dispute is closed at the first hearing due to conciliation of the parties or their refusal of arbitration, 25% of arbitration fee shall be returned.
(3) If the court cancels the arbitration award due to not having competence for resolving the dispute, the arbitration fee will not be returned.
(4) If the claimant reduces its stated claims before or during the first hearing to which the parties were duly summoned, the arbitration fee shall be calculated based on the reduced claims. If the extent of the damage stipulated in the claim is reduced by the claimant after the first hearing, the arbitration fee charged before launching the arbitration is calculated based on the initial amount.
(6) In case of the failure to act of the claimant, the paid amount of the arbitration fee will not be returned.
(7) The minimal amount of arbitration fee cannot be reduced.
Other requests fees
Art. 96 - Fees for counterclaims and requests for intervention shall be charged in compliance with the rules applicable to general arbitration claims.
Fees by type of request
Art. 97 - (1) Arbitration fees for requests of declaring void, cancellation, dissolution or termination of a juridical real act, as well as requests for determining the existence of a real right, should be charged as provided in Art.94.
(2) The request to reinstate the parties to the previous situation is free of charge if annexed to the request of declaring void, cancellation, dissolution or termination of a juridical real act.
(3) If the document on the basis of which the decision of declaring void, cancellation or dissolution shall be taken, is a preliminary contract or a promise of juridical act (sale or rent), the arbitration fee shall be calculated based on the advanced payment previewed by the contract or preliminary contract, or based on the amount of the preliminary contract if such an amount was stipulated by the parties. The provisions of p.(1), second part, apply accordingly.
(4) Requests for challenge of an arbitrator are subject to payment of the minimal arbitration fee.
(5) Requests for undertaking preventive measures, stating certain facts or circumstances or stating case expiration are subject to payment of the minimal arbitration fee.
(6) Requests for issuing a certificate regarding the status of arbitration are subject to payment of 10% of arbitration fee.
(7) If the arbitration claim demands interest, fines or penalties caused by delay, these sums shall be calculated from the due date, until the day of claim initiation or augmentation of claim amount and shall be added to the other monetary claims.
(8) The claim within the competence of the court requesting cancellation of juridical acts, issued by the organisers of public sale and tendering procedures, is subject to payment of an amount equal to 10 times the minimal arbitration fee. If the claim also requests the dissolution of a contract concluded after such a procedure, the arbitration fee for this particular request shall be calculated pursuant to p.(1).
(9) Requests within the competence of the court not listed in the above paragraphs are subject to payment of double of the minimal arbitration fee.
Ad hoc arbitration fees
Art. 98 - In the event of ad hoc arbitration, the fee shall be increased by 50% versus the common institutional arbitration fee and shall be paid within 10 days after claim initiation.
Payment of arbitration fee
Art. 99 - (1) The arbitration fee shall be paid in full before the first hearing. Proof of payment confirmation shall be attached to the case file by the arbitration assistant.
(2) The Chairman of Board of the Arbitration Court for Transport or his/her deputy may allow partial payment of arbitration fee pursuant to p.(1) in two equal instalments before the first hearing and not later than the second hearing respectively.
(3) If proof of arbitration fee payment is not provided by the agreed deadline, the arbitration activities will be suspended.
