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A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

 

Abstract

This paper presents the evolution of Romanian arbitration, proving its effort and orientation

towards efficiency in order to meet the users’ needs and to adapt to the challenges of a changing

world.

In the seventeenth and eighteenth centuries, when the whole of Europe was struggling with the

legislative activity imposed by the breaking of the old feudal tradition and the demand to meet the

needs that were born with the revolutions and changes dictated by them, in our country, Caragea

Code entered into force regulating also arbitration, taking over from the Donici Handbook and the

Calimach Code. The latter, however, was considered superior to Caragea's legislation and applied for

nearly 50 years.

It followed the Unification of the Principalities and the adoption of the 1865 Civil Procedure

Code with the arbitration regulated in the Fourth Book, which lasted until 1993, when arbitration

was given a revival and ample regulation aligned with contemporary legislation.

During the communist era there was an institution adapted to the new socialist principles for

settling foreign trade disputes, the State Arbitration. This contributed keeping alive of the

Commercial Code which was not abrogated, for it continued to use commercial law and its principles

when Romanian law was to apply.

The last significant change occurred with the entry into force of the current Civil Procedure

Code in 2013, which harmonized the Romanian arbitration legislation with the most evolved trends.

As culmination of the latest changes to meet the demand of placing Romania on the current

international arbitration map as a suitable place to conduct a modern arbitration process tailored to

trends, and to promote a sustainable arbitral system for the future, the Court of International

Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania recently

adopted new Rules of arbitration developed from good practices and international rules in the field.

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