Comparative Guides
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Results: 4 Answers
International Arbitration
15.
Confidentiality
15.1
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?
 
Romania
No express provision is made for the confidentiality of arbitration proceedings. However, according to the Civil Procedure Code, arbitrators can be held liable if they disclose confidential information.

The Arbitration Rules of the Court of Commercial International Arbitration attached to the Chamber of Commerce provide that unless the parties have agreed otherwise, the procedure is confidential. The court, the president of the court, the board of the court, the secretariat of the court, the tribunal, the arbitral assistants and anyone involved in the organisation of the arbitration shall maintain the confidentiality of the entire arbitration.

On the other hand, the Arbitration Rules of the Bucharest International Arbitration Court state that arbitration under these rules shall be kept confidential by all participants, unless subject to a legal or contractual obligation requiring disclosure and unless otherwise agreed by the parties.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
15.2
Are there any exceptions to confidentiality?
 
Romania
The Arbitration Rules of the Court of Commercial International Arbitration attached to Romanian Chamber of Commerce provide for some partial exceptions, for research purposes, as follows:

Awards and procedural orders may be published in full only subject to the approval of the parties. However, they may be published partially or in summary or analysed from the perspective of the legal issues raised, in magazines, scholarly works or arbitration case-law digests, without nominating the parties or providing other information potentially harmful to the interests of the parties. After the communication of the award and on a case-by-case basis, the President of the Court may authorize the consultation of the case files for purposes of scientifically research, subject to the observance of the confidentiality obligation.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)