Elections for the Governing Board of the Bucharest International Arbitration Court (BIAC)

INVITATION TO ATTEND ELECTIONS FOR THE  GOVERNING BOARD OF THE BUCHAREST INTERNATIONAL ARBITRATION COURT (BIAC)

To whom it may concern,

It is our pleasure to notify all interested parties of the upcoming elections for the Governing Board of the Bucharest International Arbitration Court (BIAC). In accordance with BIAC’s Organizational Regulations, updated on December 14, 2023, this serves as a formal call for submissions of applications to be considered for appointment to the Governing Board of BIAC. The submission process shall commence on December 20, 2023 and conclude on January 22, 2024 at 17:00.

Following the closure of the submission process, the BIAC Nomination Committee will review all received applications. Those found to be free of any clerical or factual errors that may disqualify them will be forwarded to the BIAC Administrative Council for final consideration and resolution regarding the appointed members. The BIAC Administrative Council will convene during the period of February 19 – 24, 2024 (the “Election Period”) and inform all applicants of their decision via their preferred communication channel.

Please note that you may be invited for an interview (face-to-face or online) during the Election Period at the discretion of the BIAC Administrative Council to further discuss your vision and plans for the role of Governing Board member.

The Governing Board plays a pivotal role in shaping the quality benchmark of BIAC’s arbitration and in upholding the highest standards in international arbitration. We welcome applications from any candidates whose experience and expertise will contribute to the success of BIAC in this capacity.

Before expressing your interest or attending the elections, we kindly request all potential candidates to carefully review the BIAC Organizational Regulations and the BIAC Arbitration Rules. These regulations and rules provide detailed information on eligibility criteria, responsibilities of Governing Board members, and the overall election process.

Key points to consider in the BIAC Organizational Regulations include, but are not limited to:

1. Professional Qualifications:

• The candidate must hold a valid and internationally recognized higher education degree with a concentration in the field of Law;
• The candidate should have substantial practical and/or theoretical experience in international commercial law, arbitration, or dispute resolution;
• The candidate should have a deep understanding of the procedural rules and practices of international arbitration as proven by an essay written to showcase their personal approach to tackling a procedural or practice challenge in the past 5 years.

1. Independence and Impartiality:

• In the case of candidates that have held positions such as arbitrator and/or judge, they must demonstrate a track record of independence and impartiality in their professional and personal activities relating to such position;
• The candidate should not have any direct or indirect financial or personal interest that could compromise their neutrality as member of the Governing Board;
• The candidate should fully disclose any previous, current, or envisaged affiliation with any other court of arbitration and/or organization that has a vested interest in arbitration proceedings.

1. Ethical Conduct:

• The candidate should have a proven track record of upholding the highest standards of professional ethics and integrity;
• The candidate should have a proven track record of ethical conduct in their legal practice and must not have been subjected to any disciplinary action or professional misconduct that resulted in a recorded definitive sanction or reprimand.

1. Language Proficiency:

• The candidate must possess excellent written and oral communication skills in English;
• The candidate should be able to effectively understand, interpret and communicate legal concepts in English.

1. International Experience:

• The candidate should have significant experience in handling and/or advising and/or awarding of cases of international arbitration or dispute resolution;
• The candidate’s experience should encompass a diverse range of jurisdictions and legal systems.

1. Judicial or Legal Expertise:

• The candidate may have a background as a judge, practicing lawyer, legal scholar, or academic with expertise in international law and arbitration. The cumulative experience threshold is 10 (ten) years of continued practice;
• The candidate’s expertise should cover substantive areas of Law relevant to international commerce and dispute resolution.

1. Professional Reputation:

• The candidate should have a reputable professional standing within the legal community (such as the Romanian Bar Association), as evidenced by peer recognition and positive feedback;
• The candidate’s professional reputation should reflect their competence, fairness, and effectiveness in handling complex legal matters.

1. Continuous Professional Development:

• The candidate should demonstrate a commitment to staying updated with developments in international arbitration practice.
• The candidate should have participated or be willing to participate in relevant conferences, seminars, and training programs to enhance their knowledge and skills in international arbitration.

1. Availability and Commitment: The candidate must commit to actively participate and contribute to the objectives of the BIAC Governing Board.

The BIAC’s Governing Board shall have the following competencies:

1. to appoint and remove BIAC’s President pursuant to the Administrative Council’s decision,
2. to appoint and remove arbitrators (foreign and Romanian) to BIAC pursuant to the nominations approved by the Administrative Council, and
3. to carry out and exercise those competencies as stipulated in BIAC’s Rules of Arbitration.

Please ensure that you meet the eligibility criteria provided in the BIAC Organizational Regulations before expressing your candidacy.

For candidates interested in participating in the elections, please submit your nomination along with any required supporting documents to the BIAC Nominating Committee by January 22, 2024 at 17:00 by sending them in electronic format at contact@bucharestarbitration.org.

List of required documents:

1. Curriculum Vitae drafted in English outlining your education and professional background and a list of mandates outlying your expertise in international arbitration;
2. A statement prepared in English, stating that (i) you do not have any direct or indirect financial or personal interest that could compromise your neutrality as a member of the BIAC Governing Board; providing (ii) all objectively relevant information regarding the previous, current, or envisaged affiliation with any other court of arbitration and/or organization that has a vested interest in arbitration proceedings; stating that (iii) you have an irreputable track record of independence and impartiality in your professional and personal activities relating to arbitration; and that (iv) you have upheld the highest standards of professional ethics and integrity in your practice; and that (v) you have applied the principles of ethical conduct in your legal practice and have not been subjected to any disciplinary action or professional misconduct that resulted in a recorded definitive sanction or reprimand by the relevant professional licensing authority.

If you have any questions or require further clarification, please do not hesitate to contact Camelia Stanciu at contact@bucharestarbitration.org / 0748 113669.

Your active involvement in the election process is not only an opportunity to contribute to the growth of BIAC but also a chance to shape the future of international arbitration in Bucharest. In conclusion, the members of the BIAC Administrative Council look forward to your participation and extend their heartfelt gratitude to all prospective candidates for their commitment to the success of the Bucharest International Arbitration Court.

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