Arbitration agreement
Art. 14 - (1) The arbitration agreement shall be submitted in writing, otherwise being null and void. The written submission of the arbitration agreement is considered concluded when the request to the Arbitration Court for Transport have been agreed upon by correspondence or procedural documents exchange.
(2) If the arbitration agreement refers to the transfer of ownership and/or other right in rem, the agreement must be notarised, otherwise being null and void.
(3) Government and public authorities may conclude an arbitration agreement only if it is within their legal remit or specified by international conventions adhered to by Romania.
(4) Legal entities of public law operating economic activities may conclude an arbitration agreement, unless otherwise specified by law or their statutes.
Types of arbitration agreement
Art. 15 - (1) An arbitration agreement may be finalised by means of an arbitration clause in the main contract or by a separate contract - addendum to the main contract or by composition.
(2) The arbitration agreement may also result from a written agreement of the parties in front of the Arbitration Court for Transport.
Arbitration clause
Art. 16 - (1) The participating parties agree through the arbitration clause on their intention to submit to the arbitration court the disputes which may arise out of the contract, establishing their own procedure for arbitrators' nomination or the reference to the Arbitration Court for Transport or to the Rules of Procedure of the Arbitration Court for Transport, which are part of the Arbitration Code on Transport.
(2) The Arbitration Court for Transport recommends that the following clause should be included into the contract or any other document to be signed with their partners:
«Any disputes arising from or in connection to the present contract, including any questions regarding its conclusion, execution or termination, shall be settled by the Arbitration Court for Transport at the Romanian Association of International Road Transport in agreement with the Arbitration Code on Transport and Related Activities».
(3) The Arbitration Court for Transport recommends to the road transport operators and other persons who intend to enter a paid road transport services agreement to include the following clause into the contract or any other document to be signed with their partners:
«Any disputes arising from or in connection with this contract, including any questions regarding its conclusion, execution or termination, shall be settled by the Arbitration Court for Transport at the Romanian Association of International Road Transport in accordance with the Arbitration Code on Transport and Related Activities. The Arbitration Court for Transport applies provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) signed in Geneva on 19 May 1956».
(4) The parties are free to adapt the clause as per their circumstances. In particular, they may stipulate the number of the arbitrators (one or more). They may also mention the venue and the language of the proceedings as well as the legislation applicable to their particular case.
Composition
Art. 17 - (1) Through composition, the parties agree to settle an earlier dispute between them at the Arbitration Court for Transport, even if the dispute is already pending in court. The parties should indicate the subject of the dispute and the names of the arbitrators or the procedure for their nomination in case of an ad hoc arbitration.
(2) When the case submitted to the Arbitration Court for Transport does not include the names of arbitrators or the nomination procedure, this will be done pursuant to this Arbitration Code.
