Principles of the arbitration procedure
Art. 5 - (1) The Arbitration Court for Transport operates in the area of transport and related activities on the basis of the following principles:
а) autonomy;
b) not-for-profit activities of the arbitration;
c) confidentiality;
d) unrestricted access to the arbitration;
е) multilingual nature;
f) basic principles of the civil lawsuit, as per Article no. 575 of the Romanian Law 134/2010 on the Civil Procedure Code, reissued modified and amended.
(2) In order to achieve its role, objectives, and functions, the Arbitration Court for Transport operates pursuant to the Romanian Constitution, European Union legislation and international conventions, ratified by Romania.
Autonomy principle
Art. 6 - (1) The Arbitration Court for Transport has organisational and functional autonomy from the organisation that established it.
(2) The Arbitration Court for Transport at the Romanian Association of International Road Transport is independent of the organisation that established it in regulating and carrying out jurisdictional activities.
(3) Section II of the Part I of the present Arbitration Code on Transport and Related Activities stipulates the necessary measures to warrant and ensure the above independence and autonomy.
Not-for-profit principle of the arbitration jurisdiction activities
Art. 7 - (1) Activities of the Arbitration Court for Transport have non-business and not-for-profit purpose.
(2) The arbitration fee constitutes a revenue of the Arbitration Court for Transport required for supporting and developing of the arbitration jurisdiction activities for the benefits of persons operating in transport and related activities.
Confidentiality principle
Art. 8 - (1) The activities of the Arbitration Court for Transport obey the principle of arbitration confidentiality.
(2) External parties who are not part of an arbitration procedure do not have access to the documents and notes constituting an arbitration case unless otherwise specifically agreed by parties involved in the arbitration procedure.
(3) Full or partial publication of the arbitration awards is forbidden, unless otherwise specifically agreed by the parties.
(4) By way of exception to the Point (2), the Board of the Arbitration Court for Transport may allow access to the documents and notes, constituting a part of an arbitration case, for scientific or research purposes, after rendering of the final award.
(5) By way of exception to the Point (3), the Board of the Arbitration Court for Transport may allow full or partial publication of the arbitration awards in the specialised sources without declaring identities of the parties or any other data that may affect their interests if disclosed.
Principle of the unrestricted access to the arbitration
Art. 9 - Initiation of the arbitration does not require any preliminary mediation or conciliation procedures.
Multilingual nature
Art. 10 - The Arbitration Court for Transport operates in the area of transport and related activities using Romanian language or any other international language according to the rules stipulated in this Arbitration Code.
Basic principles of the civil lawsuit
Art. 11 - (1) The Arbitration Court is legally invested into dispute resolution and settlement of claims and cannot deny a settlement request due to inexistent, incomplete, or unclear legal framework.
(2) Equality and non-discrimination of procedural rights are guaranteed to all parties involved in the arbitration.
(3) The party's right of disposition is recognised in accordance to the civil procedural law.
(4) The parties must carry out their procedural rights in good faith, in line with their legal purpose, and without infringing the rights of the other parties.
(5) The right of defence is guaranteed to the parties.
(6) The Arbitration Court may render the award only in compliance with the adversarial (audi alteram partem) principle.
(7) The arbitration procedure should be held orally and directly.
(8) The arbitrator in charge of the proceedings may be replaced only for strong objective reasons, in accordance to the law and the present Arbitration Code.
(9) The arbitrator must ensure compliance with the fundamental principles of the Arbitration Court for Transport and civil justice in accordance to the statutory sanctions and the present Arbitration Code.
(10) During the arbitration procedure, the arbitrator will try for amicable settlement of the parties, providing them with the necessary guidance according to the law and the present Arbitration Code.
(11) The role of arbitrator in finding the truth is equivalent to the role of judge, as specified by law.
(12) The parties in the arbitration procedure must show due respect for the arbitration court and must not disrupt the running of the proceedings.
