Answer ... The arbitration agreement must be concluded in writing, under sanction of nullity. This includes correspondence, irrespective of form, and exchange of procedural submissions.
The arbitration agreement is deemed valid in Romania if it meets the formation conditions according to any of the following laws:
- the law chosen by the parties (lex voluntatis);
- the law governing the dispute (lex causae);
- the law of the agreement that comprises the arbitration clause (lex contractus); or
- Romanian law.
Moreover, if the arbitration agreement is itself governed by Romanian law, the Romanian Civil Code will apply to the general rules of contract formation, as follows:
- The parties must have legal capacity to contract;
- The consent of the parties must have been free from duress or undue influence; and
- The subject matter and the causa of the agreement must be lawful.
Answer ... The separability principle is regulated under the Civil Procedure Code, which specifies that the validity of the arbitration agreement may not be challenged on the grounds of invalidity of the contract in which it is contained.
agrAnswer ... eement between the parties?
The basic rule is that the proceedings take place in the language specified in the arbitration agreement. If the arbitration agreement is silent on this point and no subsequent agreement has been reached, the language of the arbitration will be that of the contract in relation to which the dispute arose or, if the parties do not agree, the language deemed proper by the tribunal, taking account of international custom.
Where the arbitration agreement refers to institutional rules, the institutional rules will apply to the matter.
Thus, the Rules of Arbitration of the Bucharest International Arbitration Court attached to the American Chamber of Commerce Romania state that if the agreement to arbitrate does not contain a provision regarding the language of the proceedings, the tribunal shall determine the language(s) of the proceedings by taking into consideration all circumstances, particularly the language of the agreement from which the dispute has arisen and the applicable law.
The Rules of Arbitration of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania stipulate that unless the parties have agreed otherwise, the language of the arbitration is Romanian.