Comparative Guides

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Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
Romania

Answer ... The arbitration agreement must have a written form - including electronic means of communication - both in domestic and international arbitration.

Provisions regarding domestic arbitration also require an authentic form for agreements which refer to disputes related to the transfer of a property right or the constitution of a real right over a real estate asset.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
Romania

Answer ... Yes, both international and domestic arbitration provisions state that the arbitration agreement's validity is independent to the validity of the main contract.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
Romania

Answer ... If there is no agreement between the parties, the seat of the arbitration shall be decided by the arbitral tribunal. As far as the language of the arbitration is concerned, in absence of an agreement between the parties, the language of the arbitration will be that of the main contract, or, otherwise, an international language chosen by the arbitral tribunal.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
Contributors
Topic
International Arbitration