Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Romania
Certain legal entities may be prohibited from resorting to arbitration. Under the domestic arbitration provisions, the state and public authorities may conclude arbitral agreements only if they are authorised to do so by law, while other legal entities of a public nature may conclude arbitration agreements if so provided by their statute or bylaws.

In international arbitration, a state or state-controlled entity may not invoke its own domestic law in order to rely on a lack of capacity challenge to jurisdiction.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
5.2
Are the parties under any duties in relation to the arbitration?
 
Romania
There are no special duties in relation to arbitration, other than the procedural rights discussed elsewhere in the context of the conduct of the arbitral proceedings.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Romania
There are no legal provisions regulating multi-party disputes in arbitration. However, in the absence of special institutional rules on the matter, the basic rule is that a party may be subject to arbitral jurisdiction only based on an agreement to arbitrate. Therefore, it is unlikely that a party may be drawn into an arbitration unless such agreement is found to be binding on it.

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