MOLDOVA 6

Republica Moldova Curtea Supremă de Justiţie, Civil, Commercial and Administrative Litigation College, 21 October 2020, Case No. 2r-525/2020

(‘Econstruct Group’ Limited Liability Company v. ‘RoadServiceTrans’ ... Read more

Republica Moldova Curtea Supremă de Justiţie, Civil, Commercial and Administrative Litigation College, 21 October 2020, Case No. 2r-525/2020

(‘Econstruct Group’ Limited Liability Company v. ‘RoadServiceTrans’ Private Unitary Transport Enterprise)

21 - 10 - 2020

MOLDOVA 6

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction Moldova, Republic of
Original full text Full text decision MOLDOVA 6
Excerpt Excerpt decision MOLDOVA 6
Summary

The Supreme Court affirmed the finding of the first-instance court that the arbitral tribunal had complied with the relevant rules on notification, and that it could not be blamed for the appellant’s failure to claim the mail sent to it.
Related topics
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
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
502

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.

No re-examination of the merits of the arbitral award
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
MOLDOVA 6