Internal Regulations

ROMANIAN SPORTS ARBITRATION TRIBUNAL (T.R.A.S.)

Internal Regulations

ART. 1. The Romanian Association of Sports Arbitration (A.R.A.S.) was established through the freely expressed will of the associates and aims to carry out activities supporting private jurisdiction in Romanian sports law by establishing a form of private arbitral jurisdiction that operates based on its own regulations applicable to all disputes submitted for resolution according to an arbitration agreement with the goal of developing sports law in Romania.

ART. 2. The Romanian Sports Arbitration Tribunal (hereinafter referred to as "T.R.A.S.") was established by the Romanian Association of Sports Arbitration (hereinafter referred to as "A.R.A.S") with C.I.F. 47269057 with the purpose of offering parties involved in sports disputes a form of arbitral jurisdiction that ensures efficient and prompt resolution of these disputes.

ART. 3. The Romanian Sports Arbitration Tribunal is a form of institutionalized arbitration, as regulated by Law No. 134/2010 - Code of Civil Procedure - in Title VII of Book IV "About Arbitration", which is constituted and functions permanently alongside the Romanian Association of Sports Arbitration based on its own regulations applicable to all disputes submitted for resolution to the Romanian Sports Arbitration Tribunal according to an arbitration agreement. The activity of institutionalized arbitration by T.R.A.S. is non-economic and does not aim to make a profit. T.R.A.S. has the mission to organize internal and international arbitration in sports law as well as other alternative dispute resolution methods.

ART. 4. The headquarter of the Romanian Sports Arbitration Tribunal is in Romania, Bucharest, Str. Benjamin Franklin, no. 16, Sector 1.

ART. 5. In the regulation and conduct of arbitral activities, the Romanian Sports Arbitration Tribunal is autonomous in relation to the institution that established it, namely the Romanian Association of Sports Arbitration. The measures necessary to guarantee autonomy are regulated by this Internal Regulation of T.R.A.S. adopted by the Plenary of Arbitrators on 21.08.2023.

ART. 6. This Internal Regulation can only be modified by a decision of the Plenary of Arbitrators, at the proposal of the Board of Directors of the Romanian Sports Arbitration Tribunal.

ART. 7. The Romanian Sports Arbitration Tribunal performs the following functions: 

a) organizes and administers the resolution of internal and international sports disputes through institutionalized arbitration under the conditions provided by this Internal Regulation, the Arbitration Rules of T.R.A.S., the provisions of Law No. 134/2010 regarding the Code of Civil Procedure republished, the special laws in the field, and the international conventions to which Romania is a party; 

b) ensures, at the request of the parties, the organization of other alternative methods of resolving sports disputes; 

c) organizes debates on issues of sports law or jurisprudence; 

d) keeps records of arbitral jurisprudence, compiles collections of arbitral jurisprudence, and ensures documentation in the field of internal and international arbitration; 

e) formulates proposals for improving the organization and conduct of internal and international arbitration;

f) fulfills other duties provided by this Internal Regulation or the Arbitration Rules. 

ART. 8. The Romanian Sports Arbitration Tribunal is composed of arbitrators confirmed by the Romanian Association of Sports Arbitration at the proposal of the T.R.A.S. Board of Directors from among persons who meet the conditions set out in the Internal Regulation. 

ART. 9. Any person, Romanian or foreign citizen, who has full exercise capacity of their rights, enjoys an untarnished reputation, and has high qualifications and professional experience in the fields of sports law, judiciary system, internal and international economic relations, internal and/or international arbitration, can be an arbitrator. 

ART. 10. Persons who have been definitively convicted of an offense stipulated by criminal law, committed intentionally, cannot obtain the status of arbitrator unless amnesty or rehabilitation has occurred. 

ART. 11. Obtaining the status of arbitrator within T.R.A.S. is done under the following conditions: 

a) In the first two years after the adoption of this Internal Regulation, through a proposal from the T.R.A.S. Board of Directors as a consultative body and confirmed by A.R.A.S. by signing a membership agreement. 

b) Subsequently, through a written request that includes the applicant's declaration that they are aware of the Arbitration Rules of T.R.A.S. and are not in any situation of incompatibility. The applicant must have (i) higher legal education; (ii) at least 8 years of legal specialty experience; (iii) uninterrupted activity in the field of sports law for at least 8 years; (iv) approval of the T.R.A.S. Board of Directors as a consultative body; and (v) confirmation by A.R.A.S. through the signing of a membership agreement. 

Applications for registration on the list of arbitrators are examined once a year, within the period established by the T.R.A.S. Board of Directors. The list of arbitrators is compiled in alphabetical order of the arbitrators' names, specifying for each arbitrator the scientific titles held, professional activities carried out, seniority in the specialized fields, known foreign languages, citizenship, and place of residence or domicile. 

ART. 12. The mandate of an arbitrator within T.R.A.S. is four years and can be renewed through a proposal from the T.R.A.S. Board of Directors as a consultative body and confirmation by A.R.A.S. through the signing of a membership agreement. 

ART. 13. An arbitrator is removed from the list of arbitrators upon the expiration of the mandate if it is not renewed, as well as based on a motivated decision of the T.R.A.S. Board of Directors in the case of particularly serious breaches of the obligations arising from the status of arbitrator. 

ART. 14. The decision of the T.R.A.S. Board of Directors can be appealed by the targeted arbitrator within 5 (five) days from communication to A.R.A.S., which will make a final decision that will be immediately communicated to the applicant. Until the finalization of the revocation decision issued by A.R.A.S., the revoked arbitrator is suspended.

ART. 15. For causes of incompatibility related to the status of arbitrator that arise after being listed as an arbitrator or in the case of a final criminal conviction, suspension from the status of arbitrator is ordered by the T.R.A.S. Board of Directors, either upon request or ex officio. 

ART. 16. The Romanian Sports Arbitration Tribunal is managed by a Board of Directors, designated by the Plenary of Arbitrators, and confirmed by A.R.A.S., from among the arbitrators listed, for a term of 2 (two) years, which can be renewed. 

ART. 17. Upon the designation of the T.R.A.S. Board of Directors, the Plenary of Arbitrators designates, by majority vote, from among its members, the President and Vice President of T.R.A.S. 

ART. 18. The term of office for the President and Vice President of T.R.A.S. is as provided in art. 16. 

ART. 19. The members of the T.R.A.S. Board of Directors can be revoked by the Plenary of Arbitrators, at the suggestion of A.R.A.S. or ex officio, in case of particularly serious breaches of their obligations in this capacity. 

ART. 20. (1) The T.R.A.S. Board of Directors exercises the current management of the Romanian Sports Arbitration Tribunal and represents it, through the T.R.A.S. President, in internal and international relations. Additionally, the T.R.A.S. Board of Directors exercises the following duties: 

a) Ensures the general management of the Romanian Sports Arbitration Tribunal; 

b) Organizes and administers arbitral disputes according to the duties conferred by the Arbitration Rules; 

c) Until the conditions provided in art. 35 are met, designates the arbitrators in each arbitral dispute submitted to the Romanian Sports Arbitration Tribunal; 

d) Proposes, if necessary, modifications to this Internal Regulation as well as to the Arbitration Rules; 

e) Approves arbitrators according to the procedure in art. 11; 

f) Can decide to defer the payment of arbitrators' fees until the final decision is made in the action for annulment in cases where the exception of incompetence or the exception of the illegal constitution of the arbitral tribunal has been invoked; 

g) Can decide to reduce the arbitrators' fees in case of unjustified delay in drafting arbitral decisions by more than 45 days from the completion of the arbitral procedure or from the payment date of additional arbitration costs, whichever of these two dates comes later; 

h) Periodically analyzes T.R.A.S. jurisprudence and its uniformity; 

i) Organizes the compilation of T.R.A.S. jurisprudence collections, together with the T.R.A.S. secretariat, and approves their publication; 

j) Ensures the procurement of national and foreign documentation necessary for the activity of arbitrators; 

k) Convenes, through the President of the Board, the Plenary of Arbitrators; 

l) Initiates steps to standardize jurisprudence by referring, for this purpose, to the Plenary of Arbitrators; 

m) Decides on all matters not expressly regulated by these Arbitration Rules and Internal Regulation; 

n) Fulfills any other duties provided in this Internal Regulation or in the Arbitration Rules. 

(2) The T.R.A.S. Board of Directors decides by a majority vote of its members. In the event of a tie, the President's vote prevails (casting vote). 

(3) Meetings of the T.R.A.S. Board of Directors can take place physically at the T.R.A.S. headquarters or any other location, via videoconference or in a hybrid format. For the validity of the meeting of the Board of Directors, the participation of all its members is required.

ART. 21. The President of T.R.A.S. exercises the current administrative management of the Romanian Sports Arbitration Tribunal and has the following duties: 

a) Ensures the general management of T.R.A.S. in urgent situations when the Board of Directors cannot be constituted in a timely manner; 

b) Carries out the administrative duties conferred by the Arbitration Rules; 

c) Ensures the representation of T.R.A.S. in relations with partners both domestically and internationally. 

ART. 22. In the case of temporary impossibility of the President performing their duties, these are exercised by the Vice President of T.R.A.S. Additionally, the Vice President of T.R.A.S. will exercise the duties expressly delegated by the President of T.R.A.S. 

ART. 23. In situations where the President of T.R.A.S. is temporarily unable to perform their duties, and the Vice President of T.R.A.S., for any reason, cannot replace them, the President's duties will be exercised by the third member of the Board of Directors. 

ART. 24. (1) The Plenary of Arbitrators is composed of all the arbitrators listed with T.R.A.S. and has the following duties, which it performs based on the vote of the majority of the members present: 

a) Adopts and modifies the Arbitration Rules of T.R.A.S. and the Internal Regulation of T.R.A.S.; 

b) Establishes the mission and strategy of T.R.A.S. for the medium and long term; 

c) Elects the members of the Board of Directors of T.R.A.S. and, from among them, the President and Vice President of T.R.A.S., and revokes them, at the suggestion of A.R.A.S. or ex officio; 

d) At least once a year, discusses aspects regarding the organization and general functioning of T.R.A.S., as well as its practice, including pronouncing on legal issues that have the potential to be solved differently, or have been solved differently, by the panels of the Romanian Sports Arbitration Tribunal; 

e) Orders the removal of an arbitrator for the reason provided in paragraph (3); 

f) Fulfills any duties appropriate to a supreme governing body. 

(2) Meetings of the Plenary of Arbitrators are organized physically, online, or in a mixed format and are valid if at least 2/3 of the arbitrators listed with T.R.A.S. participate. 

(3) Unjustified absence of an arbitrator from two consecutive meetings of the Plenary of Arbitrators constitutes grounds for the arbitrator's removal from the T.R.A.S. list of arbitrators.

ART. 25. T.R.A.S. has a functional structure composed of a Secretariat, made up of specialized staff and auxiliary staff coordinated by the specialized staff. 

ART. 26. The specialized staff consists of arbitral assistants, while the auxiliary staff includes clerks, typesetters, registrar-archivists, translators, or other employees. 

ART. 27. The Secretariat operates based on a regulation approved by the Board of Directors of T.R.A.S.

ART. 28. (1) The resolution of arbitration disputes submitted for judgment is carried out by an arbitration panel composed of three arbitrators. Until the conditions provided in art. 35 are met, the arbitrators who make up the arbitration panel are appointed for each arbitration dispute by the Board of Directors of the Romanian Sports Arbitration Tribunal, respecting the principle of rotation of arbitrators. 

(2) The Romanian Association of Sports Arbitration does not have the right to intervene in the resolution of the dispute or to influence the arbitration panel in any way through the organization and administration of the arbitration or in any other manner. 

ART. 29. Arbitrators perform their duties individually, independently, and impartially, being subject only to the law. The assessment of evidence and decision-making are done based on the intimate conviction of each member of the arbitration panel. The arbitrator must demonstrate the availability required by the exercise of their arbitration competences, in a timely manner, with good faith and professionalism. 

ART. 30. Arbitrators exercise their prerogatives and fulfill their mission in accordance with the provisions of art. 21 paragraphs (1) - (3) of the Romanian Constitution, republished, and with those of art. 6 paragraph (1) of the European Convention on Human Rights, which guarantees the right to a fair trial within a reasonable time, as well as the right to an independent and impartial tribunal. 

ART. 31. T.R.A.S. resources consist of administrative fees and arbitration fees collected for the services provided. Administrative fees and arbitration fees are established through the Arbitration Rules. Administrative fees cover the costs of initiating the administrative procedure for constituting the arbitration file, while arbitration fees cover the costs related to the organization and conduct of dispute resolution, the payment of arbitrator fees, their documentation, secretarial expenses, and other necessary expenses for the functioning of T.R.A.S. 

ART. 32. A fund is established at the level of T.R.A.S. consisting of a 5% share of the arbitrators' fees, which is intended for rewarding T.R.A.S. personnel based on their performance, special T.R.A.S. equipment, travels made by T.R.A.S. personnel, as well as other expenses related to the proper conduct of T.R.A.S. activities, established by the decision of the Board of Directors of T.R.A.S., such as access to legislative databases, subscriptions, organizing events to promote arbitration in sports law, and similar activities. 

ART. 33. From the arbitrators' fees, a 10% share is retained for the arbitration organizing institution, namely A.R.A.S., to ensure the space and material conditions necessary for the functioning of the Romanian Sports Arbitration Tribunal. 

ART. 34. T.R.A.S., the arbitration panel, T.R.A.S. personnel, as well as the management and personnel of A.R.A.S. are obliged to ensure the confidentiality of the arbitration according to the Arbitration Rules. 

ART. 35. The system of designation of Arbitrators by the Board of Directors of T.R.A.S. will be maintained as long as the number of T.R.A.S. arbitrators is less than 30. After exceeding this number, based on a decision issued for this purpose by the Board of Directors of T.R.A.S., the system of choosing one arbitrator by each party from the list of T.R.A.S. arbitrators will apply, with the presiding arbitrator to be appointed by the two arbitrators or, in case of disagreement between them, by the President of T.R.A.S. 

ART. 36. This Internal Regulation was adopted by the Plenary of Arbitrators on 21.08.2023. 

ART. 37. This Internal Regulation comes into force on 21.08.2023.