Other arbitration costs and other clarifications
Other arbitration expenses of the parties
Art. 102 - (1) Apart from the arbitration and arbitrators' fees, the parties should cover the costs related to presentation of evidences, providing translation of documents and interpretation during the hearings, express-post services for forwarding notifications and procedural acts, lawyers' services, transport expenses of the parties, arbitrators, experts, consultants and witnesses and other expenses related to dispute resolution.
(2) The Arbitration Code for Transport and Related Activities can be provided to the parties at their request.
Transport expenses
Art. 103 - (1) The party that nominated an arbitrator for ad hoc arbitration, arbitrator that requires transport expenses in order to participate in the hearings, or that requested an expert examination, presentation of evidence, or translation of the case materials as well as interpretation during the hearings, shall make an advance payment for these services and provide proof of payment if the arbitration request was submitted to the Arbitration Court for Transport.
(2) If the Board of the Arbitration Court for Transport nominates an arbitrator or super-arbitrator who does not live in the city where the Arbitration Court for Transport is located, the transport and living expenses shall be covered by the claimant.
(3) If an expert examination is established by the arbitration court, one or both parties might be demanded to cover related expenses in accordance with the established procedure.
Payment of arbitration and arbitrators' fees, other arbitration expenses
Art. 104 - (1) The arbitration fee and other arbitration expenses shall be paid in cash at the cash office of the Romanian Association of International Road Transport or by wire transfer to the bank account indicated by the Arbitration Court for Transport.
(2) The arbitrator fees shall be deposited by wire transfer to the bank account indicated by the Arbitration Court for Transport.
Consequences of non-compliance with payment obligations
Art. 105 - (1) If one of the parties does not comply with its obligations of arbitration fee payment, arbitrator fee transfer, or other payments, another party may provide such a payment subject to further distribution of payment responsibilities between the parties, established by an arbitration award.
(2) Any difference between the indicated amount and the actual payment of fees or other expenses will be immediately balanced.
(3) Communication of the rendered arbitration award to the parties may be suspended until the parties pay their financial obligations in full.
Recalculation of the arbitration fee
Art. 106 - (1) The parties may request the arbitration fee to be reviewed due to non-compliance with the current rules.
(2) If the request for recalculation is presented before constitution of the arbitration court, the Chairman of Board of the Arbitration Court for Transport shall take the response decision without summoning the parties. Otherwise, the arbitration court shall take the decision after its constitution.
(3) The term of payment of the arbitration fee shall be suspended while the recalculation request is considered, until communication of the decision to the party.
(4) The decision taken pursuant to p.(2) is final and cannot be contested.
Establishing of arbitration expenses
Art. 107 - (1) The arbitration fees and other arbitration expenses shall be approved by the decision of the Board of Directors of the Romanian Association of International Road Transport.
(2) The decision shall be published at the website of the Arbitration Court for Transport and presented at the entrance of its headquarters.
Art. 108 - (1) The arbitration fees and other arbitration costs are not subject to VAT.
(2) The arbitrator fees are subject to VAT if provided by law.
Final provisions
Art. 109 - The provisions of the present Arbitration Code for Transport and Related Activities shall be complemented with the provisions of Civil Procedural Code of Romania and any other regulatory act in this field.
