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Republica Moldova Curtea Supremă de Justiţie, Collegium of Civil, Commercial and Administrative Jurisdiction, 22 June 2016 ... Read more

Republica Moldova Curtea Supremă de Justiţie, Collegium of Civil, Commercial and Administrative Jurisdiction, 22 June 2016 (Landmaschinen Vertrieb International GmbH v. SRL “Agrogled”)

22 - 06 - 2016

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Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction Moldova, Republic of
Related topics
104

The court discusses whether the Convention applies to domestic arbitration and to proceedings for the setting aside of domestic awards. 

Convention's applicability in other cases
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
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