BIAC’s Administrative Council has the following competencies:
(a) To provide general guidance to the activities of the BIAC;
(b) To supervise the BICA’s administration, budget as well as expenditures;
(c) To assist with the BIAC’s educational, marketing and public relations activities;
(d) To be the sole entity which shall have the right to nominate arbitrators (foreign and/or Romanian) for the BIAC’s list of arbitrators pursuant to applications received in a timely manner from interested arbitrators, and
(e) To appoint and remove members to the Governing Board.
The Administrative Council is composed of a minimum of nine (9) persons, as appointed by the board of directors of the AmCham Romania which shall include two (2) members which would be representatives of AmCham Romania: one would be the Executive Director and the second would be a member of the board of directors of the AmCham Romania or another AmCham member designated by the board of directors. Each member shall be appointed for a three (3)-year term, with the right to be re-appointed for a single additional term of three (3) years, meaning a possible total of six (6) years. In the event of the resignation, incapacity or expiration of a board mandate of any Administrative Council member, the board of directors of AmCham Romania shall appoint a replacement member, pursuant to the recommendation of the other existing members of the Administrative Council and the then current board of directors of the AmCham Romania, within thirty (30) calendar days of the date on which the previous member’s resignation came into effect or date of incapacity or mandate expiry.
A meeting of the Administrative Council shall have quorum if a minimum of seven (7) members shall be present at the particular meeting, provided however, that any board member not physically present shall nonetheless be deemed as present for quorum purposes in the event that she/he shall have provided by the commencement of the meeting her/his vote(s) and/or replies by email with respect to the particular meeting’s agenda. Any decision is approved by the Administrative Council pursuant to a simple majority (greater than 50%) of those members present at an Administrative Council meeting which has quorum. For decisions pertaining to (i) the nomination of new arbitrators to the BIAC’s list of arbitrators, (ii) the approval, removal and appointment of the members of the Governing Board, (iii) the modification of the BIAC’s Rules of Arbitration, Organizational Regulations and Fees & Costs Schedule, (iv) the approval of the activity plan on a yearly basis, including reporting an overview of the activities to the board of directors of AmCham Romania, and (v) the approval and removal of the President of the BIAC, a simple majority (greater than 50%) which should include the affirmative vote of both of the representatives of AmCham Romania shall be necessary for the Administrative Council’s approval of a new arbitrator and the modifications of the above-mentioned documents and persons.
The Administrative Council has the right to form at its discretion sub-committees (comprising between three to five persons) from among its members to carry out various administrative tasks, such as but not limited to, the preparation of the annual budget, marketing/PR activities, etc. A decision to form a sub-committee and the appointment of the respective Administrative Council members to said sub-committees shall necessitate a simple majority vote of the Administrative Council.
- Titus Benclinov, Benclinov & Associate
- Vlad Peligrad, Clifford Chance
- Anda Todor, Dentons
- Adrian Iordache, Iordache & Partners
- Sebastian Guțiu, Schoenherr
- Cătălin Alexandru, PeliFilip
- Valentin Berea, RTPR Allen & Overy
- Anca Harasim, AmCham Romania