Comparative Guides
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Results: 4 Answers
International Arbitration
7.
Consolidation and third parties
7.1
Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
 
Romania
The Civil Procedure Code does not contain express provisions on the consolidation of separate arbitrations.

The Arbitration Rules of the Court attached to the Romanian Chamber of Commerce state that either party may apply, either with the request for arbitration or the response thereto, for consolidation of the proceedings with arbitration that are already pending. The tribunal may accept the consolidation request if:

  • all parties agree to the consolidation;
  • all claims are made under the same arbitration agreement; or
  • if the claims are made under more than one arbitration agreement, the relief sought arises from the same transaction or series of transactions and the tribunal considers the arbitration agreements to be compatible.
For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
7.2
Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
 
Romania
Unless the arbitration agreement provides otherwise, third parties are entitled to participate in arbitration proceedings only if they consent and with the consent of all other parties. The consent of all parties to the arbitration is not required if a third party joins the arbitration proceedings only to support the position of one of the existing parties (interventie accesorie).

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
7.3
Does an arbitration agreement bind assignees or other third parties?
 
Romania
No express provision regulates this issue, but it appears that the question of the scope and effectiveness of an assignment of contractual rights - in particular, whether it covers the rights under the arbitration agreement - is governed by ordinary contract law and is therefore a matter of interpretation of assignment of the contract.

An arbitration agreement will not bind a party which is not privy to it in the ordinary sense of contract law.

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