- 06 December 2023
- 15 h 00 min - 16 h 30 min
Bucharest as the Seat of Arbitration: A State and Judiciary Perspective
The event on “Bucharest as the Seat of Arbitration: A State and Judiciary Perspective“, took place on Wednesday 6 December 2023.
This event, jointly organised by Consortium Legal and Delos, offered sinsights into how the legal seat of an arbitration award is often critical to the fate of arbitration proceedings, irrespective of the quality of the tribunal or counsel (see here). What are the criteria for choosing the “seat”? How do judges and legislators look at arbitration in their jurisdiction? In this online panel of experts from London and Bucharest, we propose to look at Bucharest (Romania) as a legal seat of arbitration from the unique perspective of the judiciary and policy makers. We will be asking questions such as:
- Can arbitration help with case backlog in courts?
- How can courts assist arbitration proceedings?
- Is arbitration a better use of public money in commercial (b2b) cases?
- Do awards deliver good quality justice? Arb awards less prescriptive on the format and language of judgments. Is that good/bad?
- What about the random selection of judges vs party agreement on arbitrators? Why does it make sense for arbitration and not in the courts?
- Arbitration clauses: what do judges look out for?
- What are the risks, pitfalls and areas of concern in Bucharest-seated arbitration?
The event was a unique opportunity to listen from magistrates, practitioners and policy makers about the advantages and disadvantages of arbitration in Romania.
The speakers (short bios below) included Decebal-Adrian Ghinoiu (Romanian Ministry of Justice, Bucharest), Madalina Grecu (former Romanian judge, Bucharest), and Iuliana Iacob (Musat & Associates, Bucharest) with opening remarks from Adrian Iordache (Consortium Legal, Bucharest) and Lucian Ilie (Outer Temple Chambers, London) moderating.
ABOUT THE SPEAKERS
Decebal-Adrian Ghinoui is legal adviser, head of Private Law Service, Drafting Legislation Department, Ministry of Justice (drafting legislative acts in the civil justice field, e.g. procedural and substantive civil law; member of the technical secretariat of the Committees set up for drafting the new Romanian Civil Procedure Code and its implementing law). Decebal holds a PhD (international civil procedure; thesis – European Union rules on international civil procedure), Faculty of Law, University of Bucharest and is an associate professor, Civil Law (Persons/Civil Legal Act), Faculty of Law, University of Bucharest.
Madalina Grecu is a former Romanian judge who served at various levels of the judiciary, including the High Court of Cassation and Justice. She graduated from the Alexandru Ioan Cuza University of Iasi in 1995 and became a judge in October of the same year. She specialised in criminal and administrative law and is a vice-president of the Court of Arbitration of the Chamber of Commerce and Industry of Bucharest. She also a member in the European Union Forum of Judges for the Environment.
Iuliana Iacob specializes in international arbitration, international law and human rights. She regularly acts as counsel in multiple high-stake arbitral disputes under the rules of almost all major arbitral institutions and advises clients in connection with complex investment protection matters. Iuliana is a member of the Chartered Institute of Arbitrators and of the ICC Institute of World Business Law. She also acts as arbitrator and is listed as arbitrator at multiple arbitration institutions.
Lucian Ilie is a barrister specialising in international law, transnational litigation and international arbitration, with particular expertise in investor-State disputes and commercial arbitration cases. Combining experience of civil law culture with common law know-how, Lucian’s practice areas include: (i) International Arbitration (including arbitration-related litigation), (ii) International Organisations, (iii) Private and Public International Law (including rules of jurisdiction, conflict of laws, enforcement of foreign judgments/awards, State immunity, extradition, ECHR law) and (iv) International Commercial Litigation (including before the DIFC and ADGM courts).
Adrian Iordache is a leading corporate and commercial lawyer with wide experience in international contracting, new technologies, energy law, aviation and international arbitration. Adrian is a Fellow of the Chartered Institute of Arbitrators (“FCIArb”), New York State Bar Association and listed arbitrator at the Bucharest International Arbitration Court (“BIAC”). Adrian conducts disputes and sits as arbitrator in both the UK and Romania, with recent mandates involving court and arbitration disputes in the aviation and construction sectors.