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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

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

  • Article Summary: Author Cristina Elena Cândea examines structural reforms and procedural updates in Romanian international commercial arbitration designed to overcome past institutional distrust and legal uncertainty. The article analyzes legislative changes within the Civil Procedure Code and local arbitral institutional rules aimed at aligning Romanian practices with international standards. These developments seek to restore party confidence, modernize procedural flexibility, and enhance Romania's standing as a reliable seat.
  • Kluwer Arbitration Blog

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.