Ad hoc arbitration • Romania • Book IV of the Romanian Code of Civil Procedure
Ad hoc arbitration removes the dispute from the state courts and submits it to an arbitrator appointed by the parties, under rules and a timetable agreed by them. There is no public court file, and the arbitral award is final and binding.
Statutory time limit: no more than six months from the constitution of the arbitral tribunal, unless the parties agree otherwise.
No cost. No obligation. No documents required at this stage.
Legal certainty. Procedural freedom.
A clear legal framework built around your dispute
Ad hoc arbitration offers the parties the opportunity to configure the procedure according to the nature, complexity and urgency of the dispute, without renouncing the essential guarantees of a fair trial.
Time managed, not time wasted
A specific deadline for resolving the dispute
In the absence of a contrary agreement, the deadline for issuing the award is no more than 6 months from the establishment of the arbitral tribunal. This benchmark allows the parties to better plan their resources, strategy and continuity of activity.
A solution that does not remain on paper
Final, binding and enforceable award
The arbitration award communicated to the parties is final and binding. If it is not executed voluntarily, it can be enforced, having the value of an enforceable title and being enforced exactly like a court decision.
Protection for International Business
Recognition and Enforcement in Relevant Jurisdictions
For commercial disputes with international elements, the 1958 New York Convention provides the legal framework for the recognition and enforcement of foreign arbitral awards in contracting states, under the applicable conditions.
A procedure tailored to the dispute
Rules, timelines and evidence structured around your case
The parties may shape the procedural framework according to the nature, complexity and urgency of the dispute, keeping the proceedings focused on the issues that matter for its resolution.
Arbitrators with relevant expertise
Legal, technical and commercial insight for your case
The parties may agree on the appointment of arbitrators with relevant experience in the industry, contract and technical aspects of the dispute.
Discretion for sensitive information
A private setting for protecting commercial interests
Documents, financial data and strategic information may be handled within a private and discreet framework, with controlled access in accordance with the parties’ agreement and applicable rules.
A clear path to resolution
From dispute assessment to the commencement of proceedings
We assess the arbitration agreement, the subject matter of the dispute and the available procedural options, enabling the parties to make an informed decision on whether and how to commence ad hoc arbitration.
Control over timing
The procedural timetable is set at the outset. The law provides a six-month limit from constitution of the tribunal unless the parties agree otherwise; extensions are possible under the statutory conditions.
Professional confidentiality
The proceedings do not create a public court file. Commercially sensitive information and the parties’ reputation are protected within the agreed and legally permitted limits.
The right arbitrator for the dispute
The parties select an arbitrator for the relevant expertise and verify independence and impartiality before the appointment is accepted.
Predictable costs
The arbitrator’s fee and procedural expenses are agreed in advance. No judicial stamp duty is charged, but the parties advance the arbitration costs.
In brief
Ad hoc arbitration is the resolution of a dispute by an arbitrator or arbitral tribunal appointed directly by the parties, outside the state courts and without administration by a permanent arbitral institution.
Its foundation is a written arbitration agreement, either as a clause in the contract or as a separate submission agreement concluded after the dispute has arisen.
The parties may determine the number of arbitrators, evidentiary rules, language, place and timetable, subject to mandatory law, equal treatment and due process.
Arbitration agreement
Timing: from a few minutes to a few days
If an arbitration clause already exists, the parties proceed to appoint the arbitrator. Otherwise they may conclude a written submission agreement for the existing dispute.
Appointment of the arbitrator
Indicative timing: 5-20 days
The parties choose a sole arbitrator or a three-member tribunal. The competent court may remove obstacles that prevent constitution of the tribunal.
Proceedings and award
Normally within six months from constitution of the tribunal
The claim, defence, evidence and hearings may be managed in person or remotely. The award is final and binding, subject to an action to set it aside on the statutory grounds.
Tool
A properly drafted arbitration clause determines, before a dispute arises, who will decide it and under what procedure. Configure the model and copy the resulting text.
The generated clause is a general model, not legal advice. It must be adapted to the contract, the parties and the applicable law. Obtain legal review before signing an international or multi-party contract or a contract involving a public authority.
Tool
This test provides initial guidance based on the general rules of arbitrability. Answers are not collected and the result is not legal advice.
Enter the amount in dispute for an estimate of the sole arbitrator’s base fee. Experts, translations, travel and applicable taxes are calculated separately.
None of the three routes is universally superior. The right choice depends on the dispute, the parties’ relationship and their objectives.
| Criterion | Ad hoc arbitration | Institutional arbitration | Court litigation |
|---|---|---|---|
| Decision-maker | Arbitrator chosen by the parties | Arbitrator appointed under institutional rules | Judge allocated under the law |
| Publicity | No public file | No public file | File and hearings generally public |
| Rules | Agreed by the parties within the law | Institutional rules | Code of Civil Procedure |
| Administration | Parties and tribunal | Institutional secretariat | Court registry |
| Judicial control | Setting-aside action on limited grounds | Setting-aside action on limited grounds | Statutory appeals |
When ad hoc arbitration may not be suitable. Another route may be more efficient where the counterparty is insolvent, urgent relief is needed within days, the amount is small relative to costs, or procedural cooperation is impossible.
If a party refuses to appoint an arbitrator, an interested party may ask the competent court to remove the obstacle and make the appointment.
If a party does not appear, the absence of a duly notified party does not prevent the proceedings, subject to due process.
If assets are at risk, interim and protective measures may be requested under the law.
If the award is not complied with voluntarily, compulsory enforcement may be sought after authorisation.
People
Each arbitrator has a public profile, declared areas of expertise and a duty to disclose circumstances that may raise doubts regarding independence or impartiality.
How independence is reviewed. Before accepting an appointment, the proposed arbitrator discloses in writing relevant relationships with the parties, their representatives and the subject matter. The disclosure is communicated to both parties.
Illustrative scenarios prepared for explanatory purposes. They are not decided cases and do not promise any result or duration in a particular proceeding.
Termination of a distribution agreement
The distributor challenges termination and seeks compensation for remaining stock; the supplier relies on missed contractual targets. Confidentiality of the wider distribution relationships is commercially important.
Acceptance of construction works
The employer alleges defects and the contractor seeks payment. An arbitrator with technical experience may manage expert evidence more efficiently.
Software development with a foreign party
The dispute concerns deliverables and rights in source code. The language, seat of arbitration and place of enforcement require careful drafting.
There is no appeal on the merits. An action to set aside may be brought on the limited statutory grounds, within the period and before the court specified by the Romanian Code of Civil Procedure.
Costs are advanced under the procedural agreement, commonly by both parties, and their final allocation is determined in the award.
The arbitration agreement is assessed separately from the contract containing it. A challenge to the contract does not automatically invalidate the arbitration clause.
After a dispute arises, the parties may sign a submission agreement referring it to arbitration. Both parties must agree.
Yes, where there is a valid arbitration agreement and the dispute is arbitrable. International recognition and enforcement are assessed, among other rules, under the New York Convention.
Unless the parties provide otherwise, Romanian law sets a six-month period from constitution of the tribunal, subject to the statutory rules on extension and suspension.
Arbitration confidentiality is an obligation that should be defined in writing.
What is protected. Prices, margins, contractual terms, customer lists, know-how, business relationships and reputation.
How. Confidentiality undertakings, suitable transmission channels, restricted access and private hearings.
Limits. Disclosure remains possible where required by law or necessary to exercise a right or enforce an award.
Models and policies are published only after content review and approval. Romanian and English PDF files can be uploaded later from the administration area.
Model arbitration clause
Document pending approvalWhat to know before signing an arbitration agreement
Document pending approvalRequest for arbitration checklist
Document pending approvalArbitrator Code of Conduct
Document pending approvalConflicts of Interest Policy
Document pending approvalArbitration is governed by Book IV of the Romanian Code of Civil Procedure, Articles 541-621.
Next step
The initial assessment is free and without obligation. No documents or counterparty name are requested at this stage. Submitting the form does not create a contractual relationship and does not interrupt limitation periods.
