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Crenguta Leaua, The ICC Paris arbitral awards, when the place of arbitration is Romania, are to be considered foreign awards?

Crenguta Leaua, The ICC Paris arbitral awards, when the place of arbitration is Romania, are to be considered foreign awards ?, juridice.ro, 06.02.2012 [Romanian version]

        The fact that the International Court of Arbitration of the Internatioal Chamber of Commerce has its headquarters in Paris has no relevance on the place of the arbitrations administrated by this institution. Parties may agree for the place of arbitration to be in Paris, in Bucharest or on the territory of any other state. In this respect, both the provisions of the ICC arbitral rules in force until 2011 and those in force starting with January 1st 2012 provide for the possibility of the parties to choose the place of arbitration. In absence of such agreement, the place of arbitration shall be decided by the ICC Court. Article 18 „Place of the arbitration” of the new ICC Rules of arbitrations entered into force on January 1st, 2012 provide that : „1 The place of the arbitration shall be fixed by the Court, unless agreed upon by the parties. 2 The arbitral tribunal may, after consultation with the parties, conduct hearings and meetings at any location it considers appropriate, unless otherwise agreed by the parties.

The arbitral tribunal may deliberate at any location it considers appropriate.“ Iin consequence, the place of ICC arbitrations may be – and in fact was on many occasions – on the Romanian territory, even if the headquartes of this arbitral institution is in Paris. In these circumstances, the ICC awards when place of arbitration is Romania are to be treated as national arbitral awards, should the exceptional circumstances of a particular case do not lead the Romanian courts to treat these awards as foreign.

Therefore, generally there is no need for the recognition and enforcement procedure under the New York Convention (1958) to be be followed in order to achieve the enforcement in Romania of the ICC arbitral awards, when the place of arbitration was in Romania. Direct enforcement of such ICC awards when place of arbitration is Romania is generally possible.

Posted in Convenţia pentru recunoaşterea şi executarea sentinţelor arbitrale străine (New York, Curtea de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României, ICC.

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