Bucharest, March 14, 2025 – Sarbu Partners was honoured to be a partner at the 2nd edition of the Conference on “The Necessity of the Arbitration Clause in Public Procurement Contracts”, a key event that brought together lawyers, arbitrators, entrepreneurs, public authority representatives, and technical experts. Discussions focused on the advantages of using arbitration in public procurement, current challenges, and legal solutions for economic operators.
Benefits of Arbitration in Public Procurement Contracts
Attorney Mihai Ionescu-Balea delivered a detailed presentation highlighting the advantages of arbitration for economic operators in Romania. One essential aspect discussed was the speed of obtaining an enforceable arbitral award compared to the duration of proceedings in national courts. In the current context, where commercial disputes can take years in court, arbitration is becoming the preferred solution for companies seeking a swift resolution of disputes.
A key benefit of commercial arbitration is that the arbitral award can be enforced after a single level of jurisdiction, eliminating uncertainties related to multiple appeal stages. Additionally, confidentiality in arbitration proceedings provides enhanced protection for companies’ economic interests, avoiding the unwanted publicity associated with court cases.
Challenging Negative Performance Documents in Arbitration
One of the key topics discussed at the conference was challenging negative performance reports issued by public authorities in public procurement. Sarbu Partners’ attorneys presented legal strategies showing how these reports can be contested even in arbitration, as Romanian arbitral tribunals have asserted jurisdiction to suspend or annul such reports. This option offers economic operators a viable alternative to court proceedings, reducing the time required to resolve disputes and minimizing the negative impact on their business activities.
Procedural Flexibility and Arbitration Funding Solutions
Participants also discussed the procedural flexibility offered by arbitration, which allows parties to establish rules tailored to their specific needs. This feature makes arbitration a more efficient option for companies involved in public procurement.
Another key topic was third-party funding for arbitration costs, a financing solution that enables companies to access external resources for covering arbitration expenses. This approach reduces financial pressure and facilitates access to justice for businesses engaged in disputes.
Arbitrators’ Specialisation and Technical Expertise in Arbitration
Another important discussion point was the specialisation of arbitrators and the ability of parties to nominate their arbitrators, which contributes to the efficient resolution of disputes by involving professionals with relevant experience in the field.
Additionally, attorney Mihai Ionescu-Balea emphasized the importance of technical and quantum experts in commercial arbitration, as they play a crucial role in clarifying technical and financial aspects of disputes.
Sarbu Partners – Legal Expertise in Arbitration and Public Procurement
By participating in this conference, Sarbu Partners reaffirms its commitment to providing strategic legal solutions for optimising commercial litigation and public procurement disputes.
At Sarbu Partners, we focus on delivering exceptional results for every client. We aim to build lasting relationships based on trust and efficiency through experience and a meticulous approach to each individual case.
For more information, contact us at office@sarbupartners.ro.
