Evidence administration is one of the most important stages of an arbitral proceeding, as it directly affects both the parties’ ability to effectively present their claims and defenses and the overall efficiency of the arbitration process.
The new Rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CICA-CCIR Rules 2025) introduce a range of modern procedural mechanisms designed to align Romanian arbitration with the standards of international commercial arbitration.
Our partners, Eugen Sârbu and Tasiana Timofticiuc, have published the article Evidence Administration in Romanian Arbitration in the International Comparative Legal Guides (ICLG), examining the key rules and distinctive features governing the taking of evidence in Romanian arbitration and their impact on the conduct of arbitral proceedings.
The article explores, among other topics, several of the most significant practical aspects of evidence administration.
The Role of the Case Management Conference (CMC)
The article highlights the importance of the Case Management Conference (CMC), introduced by the CICA-CCIR Rules 2025, as a key procedural stage during which the framework for the arbitration is established. During the conference, the tribunal and the parties discuss the applicable procedural rules, the procedural timetable, the manner in which evidence will be taken, the possibility of bifurcating the proceedings, and other essential matters that contribute to the efficient management of the case.
The emphasis on early procedural planning reflects current trends in international arbitration, where effective case management plays a crucial role in reducing both the duration and the costs of arbitral proceedings.
Documentary Evidence and Document Production
Documentary evidence remains the primary means of proof in Romanian arbitration, and the article examines the procedural mechanisms that facilitate its efficient and predictable administration.
Particular attention is given to document production, a mechanism widely used in international commercial arbitration and expressly recognised under the CICA-CCIR Rules 2025. The article analyses the circumstances in which an arbitral tribunal may order the production of documents, the use of the Redfern Schedule as a practical tool for managing document production requests, and the issues that arise when the requested documents are held by third parties.
The article also examines the relationship between third-party document production obligations and the protection of trade secrets, the confidentiality of parallel arbitral proceedings, and the limits of the arbitral tribunal’s authority in relation to persons who are not parties to the arbitration.
A New Approach to Expert Evidence
One of the most significant developments analysed in the article is the paradigm shift introduced by the CICA-CCIR Rules 2025 with respect to expert evidence.
Unlike the previous framework, under which tribunal-appointed experts constituted the default approach, the new rules establish party-appointed experts as the general rule. This change brings Romanian arbitration into closer alignment with international arbitral practice and reinforces the role of technical expert evidence in resolving complex commercial disputes, while preserving the tribunal’s authority to appoint an independent expert whenever the circumstances of the case so require.
The Particularities of Witness Evidence
The article also examines the rules governing witness evidence in Romanian arbitration, which reflect an approach characteristic of civil law jurisdictions.
In practice, written witness statements are the norm, while witnesses may subsequently be examined by the arbitral tribunal or questioned by the parties. This approach seeks to strike a balance between a thorough examination of the evidence and the efficient conduct of arbitral proceedings.
Conclusion
The CICA-CCIR Rules 2025 provide a modern and flexible procedural framework for the administration of evidence in Romanian arbitration. Their provisions concerning the Case Management Conference, bifurcation of proceedings, document production, as well as the new rules governing party-appointed experts and witness evidence, contribute to the conduct of arbitral proceedings in a manner that is both efficient and consistent with international standards.
For companies involved in commercial disputes, developing an effective evidence strategy is an essential element in achieving a successful outcome in arbitration.
For legal assistance in domestic and international arbitration matters, please contact the Sarbu Partners team at office@sarbupartners.ro.