- You are here:
- Home
- Court Decisions
- MOLDOVA 14
MOLDOVA 14
Republica Moldova Curtea Supremă de Justiţie, 23 July 2024, Case No. 2r-570/23
(Closed Joint Stock Company ‘Moldavskaia GRES’ v. OOO ‘BelgorkhimpromEnergo’)
MOLDOVA 14
The Supreme Court affirmed the first instance decision of the court of appeal to grant exequatur of an award rendered in accordance with the Arbitration Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC Moscow). The Court explained the overall system of the New York Convention, and held that the conditions for exequatur were met and that there were no grounds for refusal.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.