04.202024
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Andrea Chiș: “We want to ensure that our practice is consistent and predictable”

PRESS RELEASE

At the launch event of the Romanian Court of Arbitration for Sport, Lect. univ. dr. Andrea Chiș., expressed her opinion on the functioning of the new private jurisdiction in sports law.

“I am very grateful for this opportunity to meet and present ourselves to you. TRAS, like any newly established institution, first and foremost needs trust. Trust in an institution derives from trust in its people. I believe that this trust stems from the six professionals who initially make up this court, each with different professional backgrounds and from various fields of law. To speak about two of us who have similar experience, my colleague Judge Mihaela Tăbârcă and I have experience in various levels of state judicial procedure. I have over 28 years of experience, and she has over 33 years, and we are both professors of Civil Procedure. I believe this professional background allows us to contribute significantly to the activities of this institution.

At one point, together with fellow arbitrators, I wrote about what the arbitration procedure should adopt from the proceedings in judicial courts, and I never thought I would have the opportunity to experience the other side of the procedure. This opportunity is even greater, as being among the six initial arbitrators, I had the chance to participate in drafting the regulations. So, I am no longer in the position of a judge applying a law that sometimes seems too rigid or a professor writing a study hoping the legislator will adapt it to current needs. I was fortunate enough to be able to create rules that I once only dreamed of, rules that allow arbitrators procedural flexibility and adaptation based on the complexity of each case, enabling us to resolve each case as quickly as possible, considering its complexity. This flexibility goes hand in hand with predictability, as this procedure is always communicated to the parties step by step. It also ensures consistent practice. If you read our procedure compared to judicial courts, we want to ensure that our practice is consistent and predictable.

Our diverse backgrounds and the fact that we come from different legal professions and have different experiences allow us to collaborate and view a case from all possible perspectives to make the best decision in terms of both substantive law and procedure. If I were to summarize what I believe TRAS represents in a few words, I would say there are three Ps: Professionalism, Predictability, and Promptness. I trust that you will independently add the word ‘trust’ to these”.