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International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?

In August 2014, the Court of Arbitration attached to the Romanian Chamber of Commerce and Industry amended its arbitration rules and returned to the long-standing principle of party autonomy in the constitution of tribunals. Prior to that, for a period of roughly two years, the Court promoted an appointment mechanism whereby the President of the Chamber appointed all arbitrators (or the sole arbitrator) from pre-approved lists. This appointment system generated great tensions both within the Court and among the parties, who saw themselves deprived of the ultimate reason for which they chose arbitration over court litigation. The amendment of the arbitration rules and a better organization of the dispute administration structure within the Court seemed to have restored that trust. Despite these positive developments, the author concludes that there are many other areas to improve, notably the training of arbitrators.