Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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
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

Answer ... A Romanian court shall refer parties to arbitration only if one of the parties makes such request, by invoking the arbitration agreement.

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

Answer ... Yes, regular courts in the Romanian jurisdiction may intervene in case there are obstacles in the way of organizing the arbitration (ie. for solving preliminary issues). The courts may also solve requests regarding:

  • the appointment of arbitrators if the parties don't agree on the matter;
  • the challenge of an arbitrator;
  • certain measures in case that public authorities refuse to deliver the information requested;
  • the verification of arbitral costs.

These powers can be exercised by means of an emergency injunction, without the possibility to appeal the decision.

For more information about this answer please contact: Sebastian Lukic from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
Romania

Answer ... Although there are no such specific provisions, considering that the regular courts may intervene only at the request of one of the parties, it is reasonable to conclude that the parties can also exclude the court's power by agreement.

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