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4. Results: Answers
International Arbitration
Enforcement of awards
Are awards enforced in your jurisdiction? Under what procedure?

Answer ... Domestic arbitral awards are treated as regular court decisions for the purposes of enforcement.

Foreign arbitral awards must first be granted recognition and enforcement by the Romania courts in order to be enforced.

Foreign arbitral awards can be recognised and enforced by the domestic courts of Romania under the Civil Procedure Code if the following two conditions are met:

  • The dispute is arbitrable in Romania; and
  • The award does not infringe public order as recognised by Romanian private international law.

Recognition and enforcement of a foreign award may be refused if one or more of the following is shown:

  • The parties lacked capacity to conclude the arbitration agreement in accordance with the provisions applicable to each party, as determined by the law of the state in which the award was rendered;
  • The arbitration agreement was void in accordance with the law governing such agreement as determined by the parties’ choice or, in the absence of such choice, in accordance with the law of the state in which the award was rendered;
  • The party against which the award is invoked was not duly notified of the appointment of the arbitrators or the commencement of the arbitral proceedings, or was prevented from mounting a defence thereto;
  • The constitution of the tribunal or the proceedings was not in accordance with the parties’ agreement or, in the absence of such agreement, with the law of the place of arbitration;
  • The award resolves a dispute that exceeds the scope of the arbitration agreement. Nevertheless, if certain elements of the award are in accordance with the arbitration agreement and such aspects can be separated from the remaining aspects, the award can be partially recognised; or
  • The award has not become binding on the parties, or was set aside or suspended by a competent authority of the state in which it was rendered or in accordance with the law of such state.

In ruling on the recognition and enforcement of foreign awards, the Romanian courts cannot assess the merits of the dispute.

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