Arbitrators
Attaining arbitrator status
Art. 32 - (1) Any legally competent person can become arbitrator.
(2) If the arbitration agreement decision requires that the dispute submitted to the arbitration is settled in compliance with the rules of procedure of the present Arbitration Code by one or several arbitrators, appointed in accordance with the present Code, the arbitrator or super-arbitrator must be be listed on the optional list of arbitrators of the Arbitration Court for Transport.
(3) When appointing the arbitrator in accordance with Art.32 p.(2), of this Arbitration Code, the professional specialization and linguistic experience of the arbitrator, as well as the complexity of the case submitted to the arbitration shall be taken into consideration.
Number of arbitrators
Art. 33 - (1) The parties must agree on a sole arbitrator or on an odd number of arbitrators to resolve their dispute.
(2) If the parties didn't established the number of arbitrators, the dispute shall be resolved by a sole arbitrator, listed on the optional list of arbitrators published by the Arbitration Court for Transport.
(3) In case of multiple claimers or respondents, all parties having common interests will appoint a single arbitrator.
Principles of nomination, revocation or replacement of arbitrators
Art. 34 - (1) Appointment, removal or replacement of arbitrators must comply with the arbitration agreement.
(2) If the arbitration agreement specifies that the dispute submitted to the arbitration will receive a final settlement in compliance with the rules of procedure of the present Arbitration Code by one or several arbitrators, appointed in compliance with the present Code, then the appointment, revocation, or replacement of arbitrators should comply with this Arbitration Code.
(3) When nominating the arbitrators as part of the arbitration agreement, parties will also nominate an alternate arbitrator to replace the main arbitrator, should the main arbitrator become unable to fulfil his arbitration duties.
Consent of the arbitrator
Art. 35 - (1) The arbitrator assumes his responsibility in accordance with the law.
(2) If the arbitration agreement specifies that the dispute submitted to the arbitration will receive a final settlement in compliance with the rules of procedure of the present Arbitration Code by one or several arbitrators, appointed in compliance with the present Code, then the confirmation of nomination shall be provided in writing within 5 days after receipt of the proposal from the Board of the Arbitration Court for Transport, by any means of correspondence providing transfer of documents and confirmation of receipt.
(3) If necessary, the two arbitrators nominated by the parties will proceed to appoint the super-arbitrator or its replacement within 10 days after the latest confirmation of nomination of the arbitrators, according to provisions from p.(2).
(4) If necessary, the appointment of arbitrators by the law court will be undertaken in accordance with the law.
Challenge and abstention of arbitrator
Art. 36 - (1) Apart from the cases of arbitrators' nonconformity to the requirements previewed for arbitrators, the arbitrator may be challenged for the following reasons, should his/hers independence and impartiality be questioned:
a) nonconformity to the competency or any other requirements, stipulated in the arbitration agreement;
b) if the arbitrator is associated with or in charge of a legal entity that has a vested interest in the arbitration
c) if the arbitrator has a working or commercial relationship with one of the parties, an entity controlled by one of the parties or an entity sharing an interest with one of the parties.
d) if the arbitrator provided any consultancy services for one of the parties, supported or represented one of the parties, or acted as a witness in an earlier stage of the settlement.
(2) A party can challenge the arbitrator that it nominates only due to circumstances arising or made public after the nomination.
(3) A person that is aware of the possibility to be challenged must inform the parties and other arbitrators accordingly prior to accepting the nomination, and, should such a situation arise after the consent to nomination, the person should inform all the parties without delay.
(4) This person may arbitrate only if the parties, having been appropriately informed pursuant to p.(3), confirm in writing that they have no intention to challenge. Even in such a case, the person may abstain from arbitrating but the abstention will not imply acknowledgement or consent of the challenge.
(5) Abstention of arbitrator comes into force on the day of its declaration, without any other formalities.
(6) The challenge of arbitrator should be settled in accordance to the law.
Replacement of arbitrators
Art. 37 - In case of challenge, revocation, abstention, death and in any other case when both the arbitrator and the person replacing him cannot perform their functions, then the replacement of the arbitrator should comply with the provisions of the nomination of an arbitrator.
Responsibilities of arbitrators
Art. 38 - An arbitrator bears liability in accordance to the law, when:
a) after consenting to nomination, refuses the nomination without having a justified reason;
b) is absent without a valid reason from the hearings or does not render a settlement decision within the time limit established by the arbitration agreement or by law;
c) does not comply with the confidentiality principle of arbitration, publishing or disclosing without consent of the parties any information revealed during the arbitration process.
d) demonstrates misconduct or negligence while pursuing the arbitration duties.
Constitution of the arbitration court
Art. 39 - (1) The Arbitration Court is considered to be constituted from the date of nomination consent by the sole arbitrator or arbitrators and super-arbitrator.
(2) The date of nomination consent is the day of sending the required appropriate notification in accordance with art.35 of the present Arbitration Code.
Arbitration award
Art. 40 - (1) An arbitration award should be rendered in writing and should contain:
a) the name list of the arbitration court, the name of the secretary, date and place of rendering of the award;
b) the names of the parties, home or residence addresses or, depending on circumstances, 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) reference to the arbitration agreement the arbitration was based on;
d) the subject of the dispute and positions of the parties in brief;
e) factual and legal grounds of the award, and, in case of arbitration in equity, the reasons that led to the award;
f) judicial disposition;
g) signatures of each arbitrator and the secretary, in accordance with Art.77 p.(3).
(2) If one of the arbitrators cannot sign the arbitration award, the reason shall be formally indicated and shall be certified by a signature of the super-arbitrator , and, should the super-arbitrator be unable to sign, the reason shall be certified by the signature of the Chairman of Board of the Arbitration Court for Transport or by the deputy Chairman.
(3) If the arbitral assistant cannot sign the arbitration award, the Chief Arbitration Assistant or his deputy shall sign the document, mentioning the reason for the secretary's inability to sign the decision.
(4) The arbitration court should render the award within 6 months after its constitution, unless otherwise agreed by the parties.
(5) If the Arbitration Court receives a challenge request for an arbitrator or any other request in accordance with the legislation, the term of arbitration should be extended accordingly.
(6) The parties may agree in writing to extend the arbitration, pursuant to the term from p.(4).
(7) The arbitration court may decide to extend the arbitration term once for a maximum period of 3 months, subject to objective reasons.
(8) In case of death of one of the parties, the arbitration term shall be extended for 3 months.
(9) During their first hearing, the parties must declare in writing their intention to invoke the arbitration caducity, as they lose their right to invoke it afterwards.
(10) If at least one of the parties invoked the arbitration caducity pursuant to p. (9), the arbitration court shall confirm the caducity of the arbitration at the end of the period from p.(4) - (8). If the parties declare directly their decision to revoke the arbitration caducity, the arbitration shall continue.
Place of arbitration
Art. 41 - (1) Arbitration procedure should be held at the office of the Arbitration Court for Transport: 25 Blvd Mărăşti, sector 1, Bucharest, Romania.
(2) In exceptional cases, following explicit consent of all parties and the arbitration court, the arbitration procedure may be held in an alternative location agreed by all the parties and approved by the arbitration court.
(3) In the case stipulated by p.(2), the parties bear expenses pursuant to the decision of the Board of the Arbitration Court for Transport.
Language of arbitration
Art. 42 - (1) The hearings in the arbitration should be held in the language stipulated in the arbitration agreement, or, in absence of a stipulated language in the arbitration agreement, in the language of the contract of dispute or in foreign language chosen by the arbitration court, if not specified by the parties or in the event of no consensus between them.
(2) If one of the parties is not proficient in the language of arbitration, the arbitration court shall provide translation services on request, at the expense of the respective party.
(3) The parties may use their own interpreter and translation services during the hearings.
