Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Romania
According to the domestic arbitration provisions, all persons with full legal capacity may agree to resolve disputes between themselves through arbitration, except for disputes concerning personal status, personal capacity, inheritance, family relationships or rights that parties cannot freely dispose of.

The international arbitration provisions stipulate that all disputes are arbitrable as long as:

  • the relief sought has a pecuniary character (ie, it is expressed in money);
  • the dispute concerns rights that parties can freely dispose of; and
  • the jurisdiction of such dispute is not exclusive to a state court according to the law governing the seat of arbitration.
For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Romania
There is no such express restriction on the parties’ choice of seat.

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