Efficient dispute resolution mechanisms needed, ICC conference concludes

Newsroom 04/10/2010 | 19:50

The first ICC conference on international arbitration organized in Romania saw the presentation of various dispute resolution mechanisms aimed to ensure both the continuous execution of works and an efficient resolution of the dispute. Throughout the conference, various case studies were discussed, as well as the stages that disputes in Romania should go through before reaching the Arbitration Tribunal.

Corina Dumitrescu


Alina Leoveanu, deputy counsel at the ICC International Court of Arbitration, underlined the importance of every aspect of dispute resolution services, from the place and language of arbitration to the filing of the Answer to the Request for Arbitration. Emmanuel Jolivet, general counsel of the body, outlined the specifics of the Rules of the ICC Commission for Conflict Resolution, including the three types of commission that authors of construction contracts may address. The subject was raised as Romania has often requested the aid of the International Court of Arbitration, especially on construction issues.

Ioana Hrisafi, partner at TZA, detailed the rules governing arbitration, explaining the eight steps of the ICC proceedings, from the request for arbitration and establishing the Arbitration Tribunal to closure of the proceedings and settling the award. One of the key topics was the Terms of Reference specific to the ICC arbitration and their main functions.

Other speakers at the conference included Viorel Mihai Ciobanu, president of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry in Romania; Ioana Hrisafi, partner at Tuca Zbarcea & Asociatii; Andreia Oana Dumitrescu, partner at Dragne & Asociatii; Jane Davies-Evans, counsel at Freshfields Bruckhaus Deringer; Roman A. Mallman, principal associate at Freshfields Bruckhaus Deringer Paris; Philip Dunham, partner at Dechert LLP Paris; Boris Kasolowsky, partner at Freshfields Bruckhaus Deringer Frankfurt; Ion Dragne, managing partner at Dragne & Asociatii; Robert Rosu, partner at Tuca Zbarcea & Asociatii; and Cornel Popa, partner at Tuca Zbarcea & Asociatii.

Popa gave a Romanian perspective on the arbitrability of disputes involving public authorities, arising from concession agreements, public procurement contracts and contracts concluded by state-owned firms.

The first Efficiency of Complex Dispute Resolution Clauses in the Current Economic Climate conference in Romania was held by the International Court of Arbitration in Paris and law firm Tuca Zbarcea & Asociatii, together with Freshfields Bruckhaus Deringer and Dragne & Asociatii on September 28. The previous day saw the seminar Competence – Competence Principle – Recurring Issues take place, a forum for young arbitrators to exchange views on international arbitration and enrich their network in the region. Business Review supported both events as media partner.

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