The Romanian legislator regulated the intervention of the state courts in arbitration in order to remove the obstacles encountered in the organisation or conduct of the arbitration, or in order to fulfil other duties of the court in arbitration. The institution regulated by Article 547 of the Romanian Civil Procedure Code has multiple practical applications, such as the appointment and recusal of arbitrators, interim measures, the hearing of witnesses and experts, and the validation of the arbitral award. The intervention of the courts in arbitration is possible both in ad-hoc arbitration and in institutional arbitration.
1. Presentation of the institution provided for by Art. 547 of the Civil Procedure Code
According to Art. 547 RCPC, the interested party may refer to the tribunal of the seat of arbitration in order to remove obstacles or to allow the exercise of judicial powers related to arbitration. The request is solved urgently, under the procedure of the presidential ordinance, the judgment not being subject to any appeal. Thus, courts have both the role of facilitating arbitration and of exercising control over the legality of the arbitral award.
2. Purpose of the institution provided for by Art. 547 of the Civil Procedure Code
Since, during the course of the arbitral proceedings, obstacles may arise that could hinder their proper conduct, whether originating from one of the parties, from the arbitral tribunal itself, or even from a third party, Article 547 RCPC establishes a mechanism for unblocking the proceedings/removing the impasse through the intervention of the state court, at the request of the interested party
The mechanism guarantees compliance with arbitration agreements and the efficient conduct of the procedure, through the punctual intervention of the court whenever blockages occur. The intervention has a subsidiary and limited character, so as not to affect the autonomy of the parties’ will.
3. Mechanism regulated by Art. 547 of the Civil Procedure Code
A. Competent Court
According to Art. 547 RCPC, requests formulated for removing blockages arising in arbitration are solved by the county-court in whose jurisdiction the arbitration takes place.
The tribunal has jurisdiction not only over requests based on Art. 547 RCPC, but also over other incidents regulated by Book IV of the Civil Procedure Code, such as: appointment or challenge of arbitrators, interim measures, sanctions applied to witnesses or experts, verification of arbitral costs or requests for information from public authorities.
Thus, the current legislative solution seeks to simplify and make the arbitral procedure more efficient, consecrating the tribunal as the single supporting court, which gives arbitration a flexible and modern framework.
B. Incidence of the rules of the presidential ordinance
Art. 547 of the Civil Procedure Code provides that requests shall be solved urgently and with priority, through the procedure of the presidential ordinance. In the absence of special norms, the general rules apply, adapted to the specifics of arbitration.
- Procedural requirements – The law does not provide a special time limit for filing the request nor additional mandatory elements, the provisions of Arts. 148–151 and 194 of the Civil Procedure Code being applicable. The request is subject to verification and regularisation, except in cases of extreme urgency.
- Proceedings – The request is generally solved with the summoning of the parties, under the rules of urgent procedures. The court may assess the urgency and may even decide without summoning the parties. As regards evidence, only that which can be administered quickly is admitted, no investigation of the merits being allowed.
- Judgment. It is delivered by a judgment enforceable by law, which shall be reasoned within at most 48 hours from its delivery. The decision is not subject to any appeal.
This regulation reflects the principle of minimal court intervention in arbitral proceedings, so as not to affect the autonomy of the parties’ will.
C. Consequences of filing a request under Art. 547 RCPC – Suspension of the arbitral time limit
According to Art. 567 para. 2 RCPC, the filing of a request for challenge or of any incidental request addressed to the tribunal at the seat of arbitration suspends the arbitral time limit. This solution ensures the protection of the parties, avoiding the exceeding of the arbitral time limit during the period in which the procedure is blocked by the settlement of the request before the state court.
4. Applications of the institution provided by Art. 547 of the Civil Procedure Code expressly regulated in the Civil Procedure Code
- Appointment of arbitrators by the court (Art. 561 RCPC)
- Request for challenge (Art. 563 RCPC)
- Interim measures (Art. 585 RCPC)
- Hearing of witnesses and experts (Art. 589 RCPC)
- Information held by public authorities (Art. 590 RCPC)
- Validation of the arbitral award (Art. 603 para. 3 RCPC)
5. Applicability of the institution provided for by Art. 547 CPC in the relationship between ad-hoc arbitration and institutional arbitration
Doctrine has emphasised that the powers of state courts are broader in ad-hoc arbitration than in institutional arbitration. In arbitration organised under the aegis of the Court of International Commercial Arbitration, a series of powers are exercised by the arbitral institution, with courts intervening only subsidiarily:
a. Appointment of arbitrators (Art. 561 CPC vs Art. 19 RPA).
The Rules of the Court provide a special mechanism for appointing arbitrators and the presiding arbitrator. If the parties fail to comply with the established deadlines, the appointment is made by the President or the Board of the Court. The state court intervenes only where this mechanism fails, pursuant to Art. 547 CPC.
b. Request for challenge (Art. 563 CPC vs Art. 23 RPA).
The challenge is filed in writing within 10 days and is solved by the Court of Arbitration: either by an ad-hoc arbitral tribunal or by the President of the Court, depending on the case. Court intervention is not necessary, the procedure being entirely regulated by the Rules of the Court.
c. Interim measures (Art. 585 CPC vs Art. 40 RPA).
The arbitral tribunal or the emergency arbitrator may order provisional and interim measures. However, the parties also have the possibility to request such measures from state courts, without breaching the arbitration agreement.
For further information or tailored legal assistance in arbitration and commercial disputes, we invite you to contact the Sarbu Partners team at office@sarbupartners.ro.