Comparative Guides
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Romania
Yes, but only if the parties so request by reference to the arbitration agreement. In this case, the court must decline jurisdiction. The court must retain jurisdiction and resolve the dispute if the respondent has presented its defences on the merits, making a reservation based on the arbitration agreement, if it finds that the arbitration agreement is void or inoperative, or if the tribunal cannot be constituted for reasons manifestly imputable to the defendant.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Romania
Courts are permitted to intervene in international arbitration in order to remove obstacles to the organisation and running of the arbitral proceedings, as well as to fulfil other court functions in pending arbitral proceedings. In the absence of such court intervention, third parties such as experts, witnesses and persons in possession of assets or evidence that is relevant to the proceedings are under no enforceable obligation to comply with an order of the tribunal.

The intervention is triggered on the request of an interested party before the court with jurisdiction over the place of arbitration. At first instance, the request is heard by a single judge and the proceedings are carried out through an expedited procedure.

For more information about this answer please contact: Adrian Iordache from SCA Iordache & Iordache (Iordache Partners)
9.3
Can the parties exclude the court's powers by agreement?
 
Romania
No; the provisions permitting a party to request the support of the courts in pursuit of the arbitration proceedings may not be excluded by agreement. However, a party may waive rights of action, for instance, by means of settlement or otherwise.

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