A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Romania.

2. Date of entry into force of the New York Convention

12 Dec. 1961.

(Source: Decree No. 186 of 24 July 1961, Official Bulletin No. 19, 24 July 1961.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity?

Yes. Romania will apply the Convention to the awards issued in the territory of a non contracting State only if reciprocity is established by agreement between the two States.

(b) commercial relationships?

Romania has made a reservation stating that it will only apply the Convention to differences arising out of (contractual or non-contractual) legal relationships, which are considered as commercial under Romanian law.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I (1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No.

(Source: Civil Procedure Code (‘CPC’), Arts. 1.111, 1.124.)

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

  1. Romanian Civil Procedure Code in force since 15 Feb. 2013 (hereafter ‘CPC’), Arts. 1.124 to 1.133;
  2. European Convention on International Commercial Arbitration, concluded in Geneva, 1961, ratified by Romania by Decree No. 281 on 25 June 1963 (Official Bulletin No. 12, 25 June1963);
  3. New York Convention;
  4. Romanian laws ratifying conventions or agreements concluded between Romania and other States concerning judicial assistance in civil matters, as well as Government decisions ratifying agreements on commercial relations between Romania and other states.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no limitation period applicable to requests for recognition and enforcement of foreign arbitral awards under Romanian law. The request for recognition and enforcement of a foreign arbitral award disrupts the limitation period of the right to seek enforcement of that award. However, enforcement will not be granted if the right to seek enforcement of that award is barred under the law of the State where the seat of the arbitration is situated.

(Source: CPC, Arts. 1.104 para 1, 1.100, 1.129(f).)

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

See Q.5(a) above.

D. National courts and court proceedings

6. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Jurisdiction over requests for recognition and enforcement of foreign arbitral awards lies with the county court with territorial jurisdiction over the district where the domicile or headquarters of the debtor party.

Where it is not possible to determine the abovementioned court, jurisdiction over requests for recognition and enforcement of the foreign award lies with the Bucharest county court.

(Source: CPC, Art. 1.126 paras. 1 and 2.)

7. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

The Romanian courts have jurisdiction over recognition or enforcement of foreign awards if (i) the domicile or habitual residence of the respondent (natural person), or the headquarters – principal or secondary –, or the stock-in-trade of the respondent (legal person) is situated in Romania.

The Romanian courts also have jurisdiction if assets of the respondent are situated in Romania and, generally, when the party seeking recognition and/or enforcement proves a legitimate interest for his claim.

(Source: CPC, Art. 1.066 and seq.)

8. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The proceedings are inter partes. That is to say that the party against which enforcement and/or recognition of the award is sought must be summoned. However, recognition and/or enforcement of awards rendered by consent (i.e. where the respondent agreed with the admission of the claim) may be obtained through ex parte proceedings.

(Source: CPC, Art. 1.131.)

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

One. The decision granting or denying recognition or enforcement of the foreign award may be appealed before the court of appeal with jurisdiction over the county court that granted enforcement and/or recognition of the award.

(Source: CPC, Art. 1.131 para. 1.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

A party may obtain execution against assets within 24 hours from receipt of the court's final decision recognizing and granting enforcement of the award where the assets concerned are movable goods, and within eight days from such receipt, where these assets are immovable goods.

(Source: CPC, Arts. 893 and 897; principles of civil procedure laws.)

E. Evidence required

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(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The award and the arbitration agreement must be supplied.

(Source: CPC, Art. 1.128 para. 1.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

The party seeking recognition and/or enforcement of an award may submit in original, or in copy, only the parts of the document which refer to the case, unless the court orders such documents to be presented in their entirety.

(Source: CPC, Art.1.128 and Art. 150 para. 2 and 3.)

(c) Are originals or duly certified copies required?

The party applying for recognition and enforcement of a foreign award should, at the time of the application, supply an original or an ‘over-legalized’ copy the arbitral award and the arbitration agreement.

(Source: CPC, Art. 1.128 para. 1, corroborated with Art. 150 para. 1 and 2.)

Official documents drafted or legalized by a foreign authority may only be submitted before the Romanian courts if ‘over-legalized’ by (i) the hierarchical superior administrative authority in the State of origin and (ii) the Romanian diplomatic, or consular offices in the State of origin, or by the diplomatic or consular offices of the State of origin in Romania, and (iii) the Romanian Ministry of Foreign Affairs. The purpose of the procedure is to ensure the authenticity of the signatures and the stamps on those documents to be certified. Exemption to over-legalization may be granted by Romanian law, international conventions to which Romania is a party to, or by reciprocity.

(Source: CPC, Art. 1.093.)

Where copies are submitted by a party, this party must keep possession of the originals that have to be produced upon the court's request, failing which the documents will not being taken into account.

(Source: CPC, Art. 292 para. 2.)

(d) How many originals or duly certified copies are required?

Only one original or a copy of both the award and the arbitration agreement suffice for the court, and where enforcement and/or recognition of the award requires that the opposing party (parties) be summoned, a copy for each opposing party is required.

(Source: CPC, Arts. 149 para. 1 and 292.)

(e) Does the authority or court keep the originals that are filed?

The authority or court may keep originals of the documents submitted, unless a request for restitution is filed. The original documents submitted cannot be withdrawn, unless a legalized copy is kept by the registry of the court where the documents were submitted.

(Source: CPC, Art. 292 para. 4).

13.

(a) Is it necessary to provide a translation of the documents supplied?

If the arbitral award and the arbitration agreement are not drafted in Romanian, these documents must be accompanied by Romanian translations.

(Source: CPC, Art. 1.128 para. 2.)

(b) If yes, into what language?

Romanian

(Source: CPC, Art. 1.128 para. 2, corroborated with Art. 292 para. 5.)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Translations of documents in Romanian should be duly certified by the party submitting the translations for conformity to the original. If a translation is contested, translation should be made by translators which are authorized by the Ministry of Justice of Romania.

(Source: CPC, Arts. 1.128 para. 2 and 292 para. 5.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

Only the relevant parts of the document should be translated, unless the court orders such documents to be translated in their entirety.

(Source: CPC, Art. 150 para. 2.)

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V (1) (e) of the New York Convention?

The request for recognition and enforcement of a foreign award will be denied by the Romanian court if the award (i) has not yet become binding for the parties, or (ii) has been set aside or suspended by a competent authority of the State where, or under the law of which, the award was rendered.

The authority competent to issue a decision on the request for recognition and enforcement may suspend its decision until a request to set aside or suspend the foreign award filed with the competent authority is decided.

(Source: CPC, Arts. 1.129(f) and 1.130 para. 1.)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

There are no other specific legal grounds on which the court may stay the legal proceedings for recognition and enforcement of foreign awards. However, the general reasons for stay of proceedings, set forth in Arts. 411 to 413 of the CPC, are applicable:

  1. Art. 411 (voluntary stay), when all parties require such stay or where, duly summoned, they fail to attend the proceedings;
  2. Art. 412 (legal stay), when one party does not have the capacity to sustain the proceedings (e.g. an insolvency proceeding is commenced against a debtor who is deprived of legal representation);
  3. Art. 413 (facultative stay), when the resolution of the case depends on the existence or inexistence of a right that is the subject of another legal proceeding.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

The granting of a stay may be conditioned on the provision of a security by the party against which recognition and enforcement is sought, at the request of the party seeking recognition and enforcement.

(Source: CPC, Art. 1.130 para. 2.)

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The documents filed in legal proceedings for recognition and enforcement of foreign awards are not confidential. However, only the parties to the proceedings have access to the file of the court.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

As a general rule, court hearings are public, except for cases where the law provides otherwise. However, where hearings may harm morality, public order, the interests of the parties or the interests of justice, the court, upon its own initiative or at the request of a party, may decide that the hearings will be private, in all or in part. The decision on the request for recognition and/or enforcement of the foreign award is always pronounced publicly.

(Source: CPC, Arts. 17, 213 para. 2, 402.)

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

Decisions rendered in Romania on requests for recognition and enforcement of foreign arbitral awards, may be published in any legal journal or other publication.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

Only awards that are final may be given a writ of execution. Interim awards (awards on conservatory or interim measures and those rendered with provisional enforceability) cannot be enforced in Romania. Partial awards which finally settle a dispute could be recognized and enforced in Romania.

(Source: CPC, Art. 1.103 para. 2.)

17. When, if ever, can a party obtain recognition and enforcement of nonmonetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

Awards granting non-monetary relief may be recognized and enforced in Romania.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

If the foreign award contains decisions regarding more than one claim, and those decisions are separable, recognition and enforcement may be granted separately for each decision.

(Source: CPC, Art. 1.106 para. 2).

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V (1)(e) of the New York Convention?

Foreign awards set aside by the competent authority in the State where, or under the law of which, the award was rendered, is an impediment to the recognition and enforcement of such award in Romania. In such circumstances, the Romanian court will deny recognition and enforcement.

(Source: CPC, Art. 1.129(f).)

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

Filing a request for recognition and enforcement of a foreign award is subject to a filing fees fixed by law at 20 lei (approx. € 4.50).

(Source: Government Emergency Ordinance No. 80/2013, Art. 27.)

Country Rapporteur: Dr. Dragos Alexandru Sitaru