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MOLDOVA 8
Republica Moldova Curtea Supremă de Justiţie, Civil, Commercial and Administrative Litigation College, 13 July 2022, Case no. 2r-295/22
(‘CBS Motors’ Limited Liability Company v. ‘Belaz’ Joint-Stock Company)
MOLDOVA 8
The Supreme Court of Justice explained that Moldova, though not a EU member state, could align itself with international restrictive measures established by, relevantly here, the European Union; alignment, however, required an “alignment decision” by the Ministry of Foreign Affairs and European Integration that had not been issued in this case. Hence, the restrictive measures adopted in 2006 by the EU against Belarusian persons and entities, including the present respondent, did not apply, and enforcement of the award between the parties could not be denied on grounds of public policy based on these restrictions.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.