Law & Practice – Litigation 2017, Chambers&Partners
Domestic awards can be enforced in the same manner as court decisions because, according to the Romanian Civil Procedure Code, domestic awards are also enforcement titles. The award must firstly be formulated so as to be enforceable. Subsequently, the award can be enforced with the assistance of an enforcement officer and under the court’s supervision, following the request of the creditor, if the debtor does not willingly comply with the directions of the court.
By Cosmin Vasile, managing partner ZRP
Alina Tugearu, partner, ZRP
Foreign awards might be recognised and enforced in Romania if the dispute forming its object can be settled by means of arbitration in Romania – and if the award does not involve elements contrary to the public order of Romanian private international law. The foreign award must first follow a special procedure for recognition and enforcement, with the observance of certain formal conditions similar to those provided by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, including situations in which recognition and enforcement are denied (eg when the parties did not have the capacity to conclude the arbitration convention according to the law applicable to each of them).