Today was the day we had decided to celebrate Alec's 18th B day and Bailey's 11th. We went to see the dark knight movie and ate barbecue till we were stuffed at famous dave's. It was a fun time for all the kids and our extended family of adults as well. Things like this are still hard for me, I miss my wife and sometimes being around the whole crew that has been there through the last few months of Andreas life makes me a little uncomfortable. I feel like I'm still stuck in cancerland. My wife really made it all tolerable. Starting over is really hard. I think I'll feel a lot better when I go back to work a little more in a few weeks. I did get to watch clay eat his first rib and that made my night. He intently gnawed on it till there was no meat and his face was covered with sauce.I really need to thank everyone who has helped out over the last year in any way. Those of you that helped out financially really allowed me to be there for Andrea over the last couple months and now with the kids full time for another couple weeks. I'm not sure you can understand how huge that is unless you've been there but let me tell you it is appreciated.
Love letter from the other side.
Andrea's memorial and a private party at Tattooed Moms happened today. I will write more about this later, but for now I wanted to post the eulogy that I paraphrased today at her memorial.
Hello friends. Welcome. I need to take a moment speak for Andrea and thank you. This is her farewell, as she planned it and I don't doubt that she is here smiling upon all of you.
I don't crack a bible nearly as often as I should, and when I read this I wept. These words spoke to me because I cannot think of a verse that more accurately embodies Andrea's story. I believe that god spoke though her to many in an organic relational way that allowed them to see the beauty within her soul. Her spirit was so much larger than life that even in dying she gave strength to those around her.
Those of you that know me will tell you that as far as the women go I have a type. That said they will probably also agree with me when I say when I saw her outside the bean on south street, I didn't stand a chance. After a 5 minute conversation about nothing much, I thought about her non stop for days. Fortunately God (or was it Fran) handed me her number and I soon found out that she had been equally rocked. We talked on into the night (7 hours to be exact) and I fell deeper and deeper in awe of this woman. Over the years She has become, my lover, my partner, my best friend and most worthy adversary, my student and my teacher, and the mother of my son. Though I wanted so badly to grow old together and enjoy what John waters refers to as our Autumn years together, I will try not to be greedy, for God has spoken volumes to me through Andrea and my cup will remain full with her love and memory for years to come. The last thing Andrea taught me was the true essence of love between a man and a woman. Cancer is not pretty, It consumed the things I was originally attracted to, Pain meds are not kind, they provide relief but take away clarity, in the end looking into her eyes was my only solace, and that was enough. I know love and I am blessed.
It is impossible to think about Andrea without thinking about motherhood. It seems that almost everyone from the Philly punk scene days has a nick name and she was frequently spoken of as Andrea with all the kids. These days she is known to thousands as the punk rock mommy. Andrea was always on when it came to being a mommy. I remember her seeing a crying child sitting alone in pendot. She walks over to the child and says where's your mommy? The child keeps crying. She says do you want me to pick you up? The little boy nods yes. The mother soon returns holding a newborn and grateful to Andrea for calming her child. I remember thinking that if I did that I'd probably get arrested. Andrea honed here unique style of outside the box parenting over the years and loves to talk shop with other parents. She liked to say she was raising productive members of the revolution. I probably shouldn't speak for Tony, but I will, in saying that being a mother is work and being a great mother to some of the most amazing kids that most folks will ever meet is a full time job and I think we are both proud to have been a part of that. Financing a small army isn't always easy. Parenting beside Andrea for the last four years have been the best times of my life. They have been years filled will laughter and amazement. She taught me how to do this and it is my honor to carry the torch for her and continue raising them as she would. Keeping promises I made to her and respecting her wishes for them. Alec Jesse Asa Tucker Bailey and Clayton, You may not know this but I fell in love with you guys at first sight too.
Andrea was diagnosed with cancer the day after she finished up her BA at Temple. She was diagnosed with stage three inflammatory breast cancer (which is a rare and aggressive form of hormone driven cancer). After the first round of scans her prognosis was changed to stage four or terminal. Andrea accepted this with little self pity and went about the work of fighting her cancer if only to have a little longer with the kids and I. It took me a little while longer to come to peace with the thought of losing my wife. Andrea spent the next three months on a toxic cocktail that made her ill most of the time. I spent that time withdrawn and terrified of getting my heart broken. It was beautiful watching the loving and smart way she broke the news to the kids, always the mother always the teacher she launched into the perfect unrehearsed lesson plan kind of like mommies dying of cancer 101. It was amazing to watch, who does that? Andrea approached her disease with a level of acceptance and measure of grace which I can only view as gods light shining through. She started a blog with spiritual overtones that touched and inspired thousands. She pulled herself out of her nauseous comatose state to go to fund raisers and other cancer related events taking the time to thank and embrace her friends. Bands broken up for years even reformed in her honor (if only for one night). She received quite a bit of press both in news papers across the nation, and radio and television interviews. I frequently teased her that she had celebrity cancer. She walked into chemo with her spirits bright and her head held high while it seemed that some of those around her felt dead already. I began to look forward to chemo day as well because it became like a date for us. Andrea played what we began to call the C card hard fast and often when it came to her children. She made the right connections to get her children into amazing schools and made sure they would be well taken care of. I could go on and on but my point is that Andrea turned this tragedy into a gift and gave it to all of us. Her spirit was so strong that sometimes it was hard to believe she was sick at all. Cancer may have killed her, but still did not defeat her as she lived and laughed and loved till the day she died.


Faster adoption is the most direct path to renewing and expanding your customers. Today's Customer Success teams all want to see rapid adoption and help their customers realize the business value they're paying for. Customer Success begins with Software Adoption, and successful Software Adoption begins with a well-designed adoption plan. Machines don't adopt software, people do.


This event raised $2500 (50 boxes sold at $50 each) from the jewelry pull. All jewelry was donated by Kendra Scott.
If a Kendra Scott jewelry store is in your area, call the community / charity relations contact in your local store. For the last two years, my clients have received generous donations from the retailer via its "Kendra Gives Back" program.
Frankly, I haven't seen this kind of generosity since Keurig hit the market several years ago.
Do you remember that? Not so long ago, every auction I worked had at least one Keurig coffee system in its silent auction. It was often accompanied by a huge basket of single serving coffees, which was also donated by Keurig.
I think Kendra Scott is just as generous. The company offers an easy jewelry donation that looks great on the table and is popular with guests.
This post shows photos from three fundraising auctions (two in the Washington, D.C. metro area and one in Georgia) with donations from Kendra Scott.
This nonprofit opted for their gala to have a silent auction donation instead of a jewelry pull.
My clients are typically asked if they'd prefer selling a single item in the silent auction or a number of different items via a 'jewelry pull' activity.
If you opt for the jewelry pull, the store will donate up to 50 pieces, each attractively presented in a yellow box. Tip: Consider the best number of boxes for your group, based on crowd size and competing activities. Most of my clients take between 30 and 50 boxes.
Each jewelry piece is valued from $50 to $195 and is sold for $50.
If you opt for the jewelry pull, the store sends staff to work the table. This means you don't need to assign volunteers to this job — I love this!
These Kendra Scott staffers started selling once guests arrived.
Also, if you opt for the jewelry pull, Kendra Scott sends along a few additional pieces to be used as a display, so guests can get a sense of the type of jewelry in the boxes.
Has Kendra Scott recently opened a store in your area? If so, don't delay in reaching out. It's not unusual for companies to hit a saturation point and become more selective in their donations.
Whether sold in the silent auction or as a jewelry pull, my clients have found this jewelry to be popular.
Have you used donations from Kendra Scott? if so, what was your experience?
Thank you so much for sharing! This is a great opportunity that I wasn't aware of, however I'm not surprised at her generosity.
I first learned of Kendra Scott recently though an NPR podcast called "How I Built This." Guy, the host, in one episode interviews Kendra to explore how she turned a jewelry business in her spare bedroom into a near billion dollar company. It's a great story.
I didn't know she was on NPR. I'll have a listen — thanks for sharing.
Thank you, thank you, thank you for pointing us in Kendra Scott's direction. Within a few days of emailing our local store we were connected with a Kendra Scott representative. She was genuinely interested in our mission and wanted to learn more about our work. After a conversation about our organization and our event she offered to donate a basket of three pieces at a total value of $350! We are so excited! Kendra Scott's team really makes philanthropy a focal point and we're thrilled to introduce such a great company to our guests.
That's exciting to hear, Alice! I know your guests will love it.
I was so excited to find a Kendra Scott store nearby and sent a request. They got back to me within two weeks that they will be sending some pieces for our auction! Thank you for the great tip!
Woohoo, Teresa! I expect it to sell well. If you've seen her jewelry, it's on trend.
We would love to have a silent auction item or two of Kendra Scott Jewelry for our only fundraiser that is coming up June 26, 2019. We don't have a website, we only have a Facebook page as we live in a very small community.


text:
Q: Is there any way to map over a collection of values of a type parameterized with a higher type? I read existing questions about how type definitions with parameterized bounds are illegal inside blocks (or something to that effect), but it doesn't help me in my problem:
type Cons[X]

class Higher[C[X] <: Cons[X]]
type AnyHigher = Higher[C] forSome { type C[X] <: Cons[X] }

Seq[AnyHigher]().map { h => h }

compiler:
can't existentially abstract over parameterized type C
Seq[AnyHigher]().map { h => h }

The element type of the input collection is irrelevant, the problem lies only in the return type of the mapping function. Is there any way around this? I tried various refactors: making the mapping function a method, cheating by making the code generic and executing parameterized with AnyHigher, writing my own recursion, but nothing helps.

A: A workaround is
Seq[AnyHigher]().map(new (AnyHigher => AnyHigher) {
  override def apply(h: AnyHigher): AnyHigher = h
})

"can't existentially abstract over parameterized type..."
Another workaround is to make C[X] a type member rather than type parameter
type Cons[X]

class Higher {
  type C[X] <: Cons[X]
}
object Higher {
  type Aux[C0[X0] <: Cons[X0]] = Higher { type C[X] = C0[X] }
}

type AnyHigher = Higher

Seq[AnyHigher]().map(h => h)

and use Higher.Aux[C] instead of Higher[C] and Higher instead of Higher[C] forSome { type C[X] <: Cons[X] }.
http://dotty.epfl.ch/docs/reference/dropped-features/existential-types.html
https://scalacenter.github.io/scala-3-migration-guide/docs/incompatibilities/dropped-features.html#existential-type

Existential type is a dropped feature, which makes the following code
illegal.
def foo: List[Class[T]] forSome { type T }

The proposed solution is to introduce an enclosing type that carries a
dependent type:
trait Bar {
  type T
  val value: List[Class[T]]
}

def foo: Bar

A: Why @Dmytro Mitin's answer is the correct one as both type safe, and offering a local solution not needing changes to the types, it is a bit of a mouthful. So, at least temporarily, I opted for introducing a super type and  casting:
    sealed trait AnyHigher {
        def apply() :Higher[T] forSome { type T[O] <: Cons[O] } =
            this.asInstanceOf[Higher[T] forSome { type T[O] <: Cons[O] }]
    }

    class Higher[T[O] <: Cons[O]] extends AnyHigher

    Seq[AnyHigher]().map(t => t)

It's ugly, but a bit less and it's temoporary until Scala 3, which has wildcard types covering any kinds.

redpajama_set_name: RedPajamaStackExchange


text:
package org.apache.cassandra.io.sstable;

import java.nio.ByteBuffer;
import java.nio.charset.CharacterCodingException;
import java.util.ArrayList;
import java.util.List;
import java.util.concurrent.ExecutionException;
import org.junit.Test;

import org.apache.cassandra.SchemaLoader;
import org.apache.cassandra.Util;
import org.apache.cassandra.db.*;
import org.apache.cassandra.db.composites.*;
import org.apache.cassandra.utils.ByteBufferUtil;

import static org.junit.Assert.assertEquals;
import static org.junit.Assert.assertTrue;

public class SSTableMetadataTest extends SchemaLoader
{
    @Test
    public void testTrackMaxDeletionTime()
    {
        Keyspace keyspace = Keyspace.open("Keyspace1");
        ColumnFamilyStore store = keyspace.getColumnFamilyStore("Standard1");
        long timestamp = System.currentTimeMillis();
        for(int i = 0; i < 10; i++)
        {
            DecoratedKey key = Util.dk(Integer.toString(i));
            Mutation rm = new Mutation("Keyspace1", key.key);
            for (int j = 0; j < 10; j++)
                rm.add("Standard1", Util.cellname(Integer.toString(j)),
                       ByteBufferUtil.EMPTY_BYTE_BUFFER,
                       timestamp,
                       10 + j);
            rm.apply();
        }
        Mutation rm = new Mutation("Keyspace1", Util.dk("longttl").key);
        rm.add("Standard1", Util.cellname("col"),
               ByteBufferUtil.EMPTY_BYTE_BUFFER,
               timestamp,
               10000);
        rm.apply();
        store.forceBlockingFlush();
        assertEquals(1, store.getSSTables().size());
        int ttltimestamp = (int)(System.currentTimeMillis()/1000);
        int firstDelTime = 0;
        for(SSTableReader sstable : store.getSSTables())
        {
            firstDelTime = sstable.getSSTableMetadata().maxLocalDeletionTime;
            assertEquals(ttltimestamp + 10000, firstDelTime, 10);

        }
        rm = new Mutation("Keyspace1", Util.dk("longttl2").key);
        rm.add("Standard1", Util.cellname("col"),
               ByteBufferUtil.EMPTY_BYTE_BUFFER,
               timestamp,
               20000);
        rm.apply();
        ttltimestamp = (int) (System.currentTimeMillis()/1000);
        store.forceBlockingFlush();
        assertEquals(2, store.getSSTables().size());
        List<SSTableReader> sstables = new ArrayList<SSTableReader>(store.getSSTables());
        if(sstables.get(0).getSSTableMetadata().maxLocalDeletionTime < sstables.get(1).getSSTableMetadata().maxLocalDeletionTime)
        {
            assertEquals(sstables.get(0).getSSTableMetadata().maxLocalDeletionTime, firstDelTime);
            assertEquals(sstables.get(1).getSSTableMetadata().maxLocalDeletionTime, ttltimestamp + 20000, 10);
        }
        else
        {
            assertEquals(sstables.get(1).getSSTableMetadata().maxLocalDeletionTime, firstDelTime);
            assertEquals(sstables.get(0).getSSTableMetadata().maxLocalDeletionTime, ttltimestamp + 20000, 10);
        }

        Util.compact(store, store.getSSTables());
        assertEquals(1, store.getSSTables().size());
        for(SSTableReader sstable : store.getSSTables())
        {
            assertEquals(sstable.getSSTableMetadata().maxLocalDeletionTime, ttltimestamp + 20000, 10);
        }
    }

    /**
     * 1. create a row with columns with ttls, 5x100 and 1x1000
     * 2. flush, verify (maxLocalDeletionTime = time+1000)
     * 3. delete column with ttl=1000
     * 4. flush, verify the new sstable (maxLocalDeletionTime = ~now)
     * 5. compact
     * 6. verify resulting sstable has maxLocalDeletionTime = time + 100.
     *
     * @throws ExecutionException
     * @throws InterruptedException
     */
    @Test
    public void testWithDeletes() throws ExecutionException, InterruptedException
    {
        Keyspace keyspace = Keyspace.open("Keyspace1");
        ColumnFamilyStore store = keyspace.getColumnFamilyStore("Standard2");
        long timestamp = System.currentTimeMillis();
        DecoratedKey key = Util.dk("deletetest");
        Mutation rm = new Mutation("Keyspace1", key.key);
        for (int i = 0; i<5; i++)
            rm.add("Standard2", Util.cellname("deletecolumn"+i),
                       ByteBufferUtil.EMPTY_BYTE_BUFFER,
                       timestamp,
                       100);
        rm.add("Standard2", Util.cellname("todelete"),
                   ByteBufferUtil.EMPTY_BYTE_BUFFER,
                   timestamp,
                   1000);
        rm.apply();
        store.forceBlockingFlush();
        assertEquals(1,store.getSSTables().size());
        int ttltimestamp = (int) (System.currentTimeMillis()/1000);
        int firstMaxDelTime = 0;
        for(SSTableReader sstable : store.getSSTables())
        {
            firstMaxDelTime = sstable.getSSTableMetadata().maxLocalDeletionTime;
            assertEquals(ttltimestamp + 1000, firstMaxDelTime, 10);
        }
        rm = new Mutation("Keyspace1", key.key);
        rm.delete("Standard2", Util.cellname("todelete"), timestamp + 1);
        rm.apply();
        store.forceBlockingFlush();
        assertEquals(2,store.getSSTables().size());
        boolean foundDelete = false;
        for(SSTableReader sstable : store.getSSTables())
        {
            if(sstable.getSSTableMetadata().maxLocalDeletionTime != firstMaxDelTime)
            {
                assertEquals(sstable.getSSTableMetadata().maxLocalDeletionTime, ttltimestamp, 10);
                foundDelete = true;
            }
        }
        assertTrue(foundDelete);
        Util.compact(store, store.getSSTables());
        assertEquals(1,store.getSSTables().size());
        for(SSTableReader sstable : store.getSSTables())
        {
            assertEquals(ttltimestamp + 100, sstable.getSSTableMetadata().maxLocalDeletionTime, 10);
        }
    }

    @Test
    public void trackMaxMinColNames() throws CharacterCodingException, ExecutionException, InterruptedException
    {
        Keyspace keyspace = Keyspace.open("Keyspace1");
        ColumnFamilyStore store = keyspace.getColumnFamilyStore("Standard3");
        store.getCompactionStrategy();
        for (int j = 0; j < 8; j++)
        {
            DecoratedKey key = Util.dk("row"+j);
            Mutation rm = new Mutation("Keyspace1", key.key);
            for (int i = 100; i<150; i++)
            {
                rm.add("Standard3", Util.cellname(j+"col"+i), ByteBufferUtil.EMPTY_BYTE_BUFFER, System.currentTimeMillis());
            }
            rm.apply();
        }
        store.forceBlockingFlush();
        assertEquals(1, store.getSSTables().size());
        for (SSTableReader sstable : store.getSSTables())
        {
            assertEquals(ByteBufferUtil.string(sstable.getSSTableMetadata().minColumnNames.get(0)), "0col100");
            assertEquals(ByteBufferUtil.string(sstable.getSSTableMetadata().maxColumnNames.get(0)), "7col149");
        }
        DecoratedKey key = Util.dk("row2");
        Mutation rm = new Mutation("Keyspace1", key.key);
        for (int i = 101; i<299; i++)
        {
            rm.add("Standard3", Util.cellname(9+"col"+i), ByteBufferUtil.EMPTY_BYTE_BUFFER, System.currentTimeMillis());
        }
        rm.apply();

        store.forceBlockingFlush();
        store.forceMajorCompaction();
        assertEquals(1, store.getSSTables().size());
        for (SSTableReader sstable : store.getSSTables())
        {
            assertEquals(ByteBufferUtil.string(sstable.getSSTableMetadata().minColumnNames.get(0)), "0col100");
            assertEquals(ByteBufferUtil.string(sstable.getSSTableMetadata().maxColumnNames.get(0)), "9col298");
        }
    }
    @Test
    public void testMaxMinComposites() throws CharacterCodingException, ExecutionException, InterruptedException
    {
        /*
        creates two sstables, columns like this:
        ---------------------
        k   |a0:9|a1:8|..|a9:0
        ---------------------
        and
        ---------------------
        k2  |b0:9|b1:8|..|b9:0
        ---------------------
        meaning max columns are b9 and 9, min is a0 and 0
         */
        Keyspace keyspace = Keyspace.open("Keyspace1");

        ColumnFamilyStore cfs = keyspace.getColumnFamilyStore("StandardComposite2");

        CellNameType type = cfs.getComparator();

        ByteBuffer key = ByteBufferUtil.bytes("k");
        for (int i = 0; i < 10; i++)
        {
            Mutation rm = new Mutation("Keyspace1", key);
            CellName colName = type.makeCellName(ByteBufferUtil.bytes("a"+(9-i)), ByteBufferUtil.bytes(i));
            rm.add("StandardComposite2", colName, ByteBufferUtil.EMPTY_BYTE_BUFFER, 0);
            rm.apply();
        }
        cfs.forceBlockingFlush();

        key = ByteBufferUtil.bytes("k2");
        for (int i = 0; i < 10; i++)
        {
            Mutation rm = new Mutation("Keyspace1", key);
            CellName colName = type.makeCellName(ByteBufferUtil.bytes("b"+(9-i)), ByteBufferUtil.bytes(i));
            rm.add("StandardComposite2", colName, ByteBufferUtil.EMPTY_BYTE_BUFFER, 0);
            rm.apply();
        }
        cfs.forceBlockingFlush();
        cfs.forceMajorCompaction();
        assertEquals(cfs.getSSTables().size(), 1);
        for (SSTableReader sstable : cfs.getSSTables())
        {
            assertEquals("b9", ByteBufferUtil.string(sstable.getSSTableMetadata().maxColumnNames.get(0)));
            assertEquals(9, ByteBufferUtil.toInt(sstable.getSSTableMetadata().maxColumnNames.get(1)));
            assertEquals("a0", ByteBufferUtil.string(sstable.getSSTableMetadata().minColumnNames.get(0)));
            assertEquals(0, ByteBufferUtil.toInt(sstable.getSSTableMetadata().minColumnNames.get(1)));
        }
    }
}

redpajama_set_name: RedPajamaGithub


text:
Pietro D'Achiardi, né le  à Pise et mort le  à Rome, est un peintre, historien de l'art, critique d'art et directeur de musée italien.

Biographie
Fils d'Antonio, éminent minéraliste, et de Marianna Camici, Pietro D'Achiardi naît le  à Pise.
Il obtient une bourse de trois ans, à utiliser pendant deux ans à Rome et un an à l'étranger.  Ainsi, entre 1905 et 1906, il peut visiter les principaux pays européens et compléter sa formation par l'étude en direct des œuvres des grands maîtres conservées dans les musées. Il s'occupe d'art sacré, aussi bien en tant qu'érudit, consacrant de nombreux essais et conférences à ce sujet, qu'en tant qu'artiste, exécutant des œuvres pour des églises, surtout en Terre sainte. Pietro D'Achiardi meurt le  à Rome.

Références

Annexes

Article connexe
 Liste de peintres italiens

Bibliographie

Liens externes

Naissance en octobre 1879
Peintre italien du XIXe siècle
Peintre italien du XXe siècle
Étudiant de l'université de Pise
Peintre paysagiste italien
Décès en décembre 1940
Décès à 61 ans

redpajama_set_name: RedPajamaWikipedia


text:
sudo yum update -y
sudo systemctl stop firewalld
sydo systemctl disable firewalld
sudo reboot


As the days get colder and darker, it's the time of year that we all wrap up warm in hats, coats, gloves and scarves, but how do animals survive the winter? Many animals will hibernate or migrate for the winter, but how can we help those that don't? We have a few simple things that you can do in your own garden to help them.
Birds can find it difficult to find food in the colder weather, so any food you put out will be a big help to them and will attract wildlife to your garden. Leave out a range of seeds, unsalted peanuts, halved apples and dried mealworms, or if you like gardening plant a shrub such as hawthorn to grow some berries in your garden.
Butterflies struggle to fly in the rain as they need warmth to be able to fly and breed. To help them, grow a patch of long grass for species such as meadow brown, gatekeeper, ringlet and speckled wood, or if you can, grow some nettles in a sunny spot to help peacock, painted lady and red admiral. The long grass will give them a warm place to stay dry and breed in.
If you have a pond in your garden you can help the wildlife that lives or is hibernating within it. If your pond freezes over, make a hole in the ice to stop toxic gasses from building up which can be extremely harmful to your pond friends. Never break the ice with force, to make a hole in the ice carefully place a pan of hot water on the surface to break it, never pour boiling water onto the pond as this can be extremely harmful.
Leave out fresh water, and meat based (not fish) dog or cat food to help fatten Hedgehogs up for the winter. Create a little haven for hedgehogs by making leaf piles and log piles to help them nest in. Plant wildflowers, position a cut out in the garden fence for access or even create your own hedgehog home to help them hibernate. Remember when tidying leaf piles in your garden and lighting bonfires that these could be potential hibernation spots – so check first to make sure! Follow this link to find out more about how you can help hedgehogs this winter.
Buying in flowering plants could offer a lifeline to late-flying bees this year. Last year was a disastrous year for bumblebees due to flooded areas and food availability being poor. Choose plants like Sedum spectabile, ivy and Verbena bonariensis to boost food availability.
Squirrels don't hibernate in winter. They will hide away food during autumn so they have something to eat when food is scarce. Help them out by leaving out nuts such as walnuts, hazlenuts and almonds, and even some chopped apple, beans, carrots or spinach.
If you've ever seen a badger around your area, welcome them into your garden by providing them with lightly cooked meats, peanuts cheese and fruit. They often have a though time finding earthworms, their favourite food when the ground is frozen.
5 signs that spring is on the way!


text:
ICC Country Answers
aBreadcrumbL1
Following content
Sub sections
Procedural Decisions
Country Answers
ICC Activities
Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
Article: Romania Author: Published in: ICC Guide to National Procedures for Recognition and Enforcement of Awards under the New York Convention Link: http://library.iccwbo.org/content/dr/COUNTRY_ANSWERS/CA_3erEd_Romania.htm?l1=Country+Answers&l2=ICC+Guide+to+National+Procedures+for+Recognition+and+Enforcement+of+Awards+under+the+New+York+Convention
ICC Guide to National Procedures for Recognition and Enforcement of Awards under the New York Convention
This ICC Guide to National Rules of Procedure for Recognition and Enforcement of Foreign Awards under the New York Convention is the third, updated edition to mark the 60th anniversary of the New York Convention. Country Answers, which reflect the state of law at 1 October 2018, have been provided in response to a Questionnaire drawn up by a task force of the ICC Commission on Arbitration and ADR.
A. The Contracting State and the New York Convention
B. National sources of law
C. Limitation periods (time limits)
D. National courts and court proceedings
E. Evidence required
F. Stay of enforcement
G. Confidentiality
H. Other issues
For more case law on the implementation of the New York Convention, see the online platform newyorkconvention1958.org for Romania.
1. Name of Contracting State (also specify jurisdiction(s), if relevant)
Romania.
2. Date of entry into force of the New York Convention
12 Dec. 1961.
(Source: Decree No. 186 of 24 July 1961, Official Bulletin No. 19, 24 July 1961.)
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
(a) reciprocity?
Yes. Romania will apply the Convention to the awards issued in the territory of a non contracting State only if reciprocity is established by agreement between the two States.
(b) commercial relationships?
Romania has made a reservation stating that it will only apply the Convention to differences arising out of (contractual or non-contractual) legal relationships, which are considered as commercial under Romanian law.
4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I (1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?
(Source: Civil Procedure Code ('CPC'), Arts. 1.111, 1.124.)
5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?
Romanian Civil Procedure Code in force since 15 Feb. 2013 (hereafter 'CPC'), Arts. 1.124 to 1.133;
European Convention on International Commercial Arbitration, concluded in Geneva, 1961, ratified by Romania by Decree No. 281 on 25 June 1963 (Official Bulletin No. 12, 25 June1963);
New York Convention;
Romanian laws ratifying conventions or agreements concluded between Romania and other States concerning judicial assistance in civil matters, as well as Government decisions ratifying agreements on commercial relations between Romania and other states.
(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
There is no limitation period applicable to requests for recognition and enforcement of foreign arbitral awards under Romanian law. The request for recognition and enforcement of a foreign arbitral award disrupts the limitation period of the right to seek enforcement of that award. However, enforcement will not be granted if the right to seek enforcement of that award is barred under the law of the State where the seat of the arbitration is situated.
(Source: CPC, Arts. 1.104 para 1, 1.100, 1.129(f).)
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
See Q.5(a) above.
6. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
Jurisdiction over requests for recognition and enforcement of foreign arbitral awards lies with the county court with territorial jurisdiction over the district where the domicile or headquarters of the debtor party.
Where it is not possible to determine the abovementioned court, jurisdiction over requests for recognition and enforcement of the foreign award lies with the Bucharest county court.
(Source: CPC, Art. 1.126 paras. 1 and 2.)
7. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?
The Romanian courts have jurisdiction over recognition or enforcement of foreign awards if (i) the domicile or habitual residence of the respondent (natural person), or the headquarters – principal or secondary –, or the stock-in-trade of the respondent (legal person) is situated in Romania.
The Romanian courts also have jurisdiction if assets of the respondent are situated in Romania and, generally, when the party seeking recognition and/or enforcement proves a legitimate interest for his claim.
(Source: CPC, Art. 1.066 and seq.)
8. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
The proceedings are inter partes. That is to say that the party against which enforcement and/or recognition of the award is sought must be summoned. However, recognition and/or enforcement of awards rendered by consent (i.e. where the respondent agreed with the admission of the claim) may be obtained through ex parte proceedings.
(Source: CPC, Art. 1.131.)
(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
(b) How many levels of appeal or recourse are available against this decision?
One. The decision granting or denying recognition or enforcement of the foreign award may be appealed before the court of appeal with jurisdiction over the county court that granted enforcement and/or recognition of the award.
(Source: CPC, Art. 1.131 para. 1.)
11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?
A party may obtain execution against assets within 24 hours from receipt of the court's final decision recognizing and granting enforcement of the award where the assets concerned are movable goods, and within eight days from such receipt, where these assets are immovable goods.
(Source: CPC, Arts. 893 and 897; principles of civil procedure laws.)
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(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?
The award and the arbitration agreement must be supplied.
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
The party seeking recognition and/or enforcement of an award may submit in original, or in copy, only the parts of the document which refer to the case, unless the court orders such documents to be presented in their entirety.
(Source: CPC, Art.1.128 and Art. 150 para. 2 and 3.)
(c) Are originals or duly certified copies required?
The party applying for recognition and enforcement of a foreign award should, at the time of the application, supply an original or an 'over-legalized' copy the arbitral award and the arbitration agreement.
(Source: CPC, Art. 1.128 para. 1, corroborated with Art. 150 para. 1 and 2.)
Official documents drafted or legalized by a foreign authority may only be submitted before the Romanian courts if 'over-legalized' by (i) the hierarchical superior administrative authority in the State of origin and (ii) the Romanian diplomatic, or consular offices in the State of origin, or by the diplomatic or consular offices of the State of origin in Romania, and (iii) the Romanian Ministry of Foreign Affairs. The purpose of the procedure is to ensure the authenticity of the signatures and the stamps on those documents to be certified. Exemption to over-legalization may be granted by Romanian law, international conventions to which Romania is a party to, or by reciprocity.
Where copies are submitted by a party, this party must keep possession of the originals that have to be produced upon the court's request, failing which the documents will not being taken into account.
(Source: CPC, Art. 292 para. 2.)
(d) How many originals or duly certified copies are required?
Only one original or a copy of both the award and the arbitration agreement suffice for the court, and where enforcement and/or recognition of the award requires that the opposing party (parties) be summoned, a copy for each opposing party is required.
(Source: CPC, Arts. 149 para. 1 and 292.)
(e) Does the authority or court keep the originals that are filed?
The authority or court may keep originals of the documents submitted, unless a request for restitution is filed. The original documents submitted cannot be withdrawn, unless a legalized copy is kept by the registry of the court where the documents were submitted.
(Source: CPC, Art. 292 para. 4).
(a) Is it necessary to provide a translation of the documents supplied?
If the arbitral award and the arbitration agreement are not drafted in Romanian, these documents must be accompanied by Romanian translations.
(b) If yes, into what language?
(Source: CPC, Art. 1.128 para. 2, corroborated with Art. 292 para. 5.)
(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?
Translations of documents in Romanian should be duly certified by the party submitting the translations for conformity to the original. If a translation is contested, translation should be made by translators which are authorized by the Ministry of Justice of Romania.
(Source: CPC, Arts. 1.128 para. 2 and 292 para. 5.)
(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?
Only the relevant parts of the document should be translated, unless the court orders such documents to be translated in their entirety.
(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V (1) (e) of the New York Convention?
The request for recognition and enforcement of a foreign award will be denied by the Romanian court if the award (i) has not yet become binding for the parties, or (ii) has been set aside or suspended by a competent authority of the State where, or under the law of which, the award was rendered.
The authority competent to issue a decision on the request for recognition and enforcement may suspend its decision until a request to set aside or suspend the foreign award filed with the competent authority is decided.
(Source: CPC, Arts. 1.129(f) and 1.130 para. 1.)
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
There are no other specific legal grounds on which the court may stay the legal proceedings for recognition and enforcement of foreign awards. However, the general reasons for stay of proceedings, set forth in Arts. 411 to 413 of the CPC, are applicable:
Art. 411 (voluntary stay), when all parties require such stay or where, duly summoned, they fail to attend the proceedings;
Art. 412 (legal stay), when one party does not have the capacity to sustain the proceedings (e.g. an insolvency proceeding is commenced against a debtor who is deprived of legal representation);
Art. 413 (facultative stay), when the resolution of the case depends on the existence or inexistence of a right that is the subject of another legal proceeding.
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
The granting of a stay may be conditioned on the provision of a security by the party against which recognition and enforcement is sought, at the request of the party seeking recognition and enforcement.
(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?
The documents filed in legal proceedings for recognition and enforcement of foreign awards are not confidential. However, only the parties to the proceedings have access to the file of the court.
(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?
As a general rule, court hearings are public, except for cases where the law provides otherwise. However, where hearings may harm morality, public order, the interests of the parties or the interests of justice, the court, upon its own initiative or at the request of a party, may decide that the hearings will be private, in all or in part. The decision on the request for recognition and/or enforcement of the foreign award is always pronounced publicly.
(Source: CPC, Arts. 17, 213 para. 2, 402.)
(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?
Decisions rendered in Romania on requests for recognition and enforcement of foreign arbitral awards, may be published in any legal journal or other publication.
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
Only awards that are final may be given a writ of execution. Interim awards (awards on conservatory or interim measures and those rendered with provisional enforceability) cannot be enforced in Romania. Partial awards which finally settle a dispute could be recognized and enforced in Romania.
17. When, if ever, can a party obtain recognition and enforcement of nonmonetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?
Awards granting non-monetary relief may be recognized and enforced in Romania.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
If the foreign award contains decisions regarding more than one claim, and those decisions are separable, recognition and enforcement may be granted separately for each decision.
(Source: CPC, Art. 1.106 para. 2).
19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V (1)(e) of the New York Convention?
Foreign awards set aside by the competent authority in the State where, or under the law of which, the award was rendered, is an impediment to the recognition and enforcement of such award in Romania. In such circumstances, the Romanian court will deny recognition and enforcement.
(Source: CPC, Art. 1.129(f).)
20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?
Filing a request for recognition and enforcement of a foreign award is subject to a filing fees fixed by law at 20 lei (approx. € 4.50).
(Source: Government Emergency Ordinance No. 80/2013, Art. 27.)
Country Rapporteur: Dr. Dragos Alexandru Sitaru
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Decisions on ICC Arbitration Procedure: A Selection of Procedural Orders issued by Arbitral Tribunals acting under the ICC Rules of Arbitration (2003 - 2004)2010
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Confidentiality in Arbitration: Commentaries on Rules, Statutes, Case Law and Practice2009
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Guide to National Rules of Procedure for Recognition and Enforcement of New York Convention Awards2008
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