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Republica Moldova Curtea Supremă de Justiţie, Civil, Commercial and Administrative Litigation College, 21 September 2022, Case No. nr. 2r-450/22

(WJ Holding Limited v. Transnistria et al.)

21 - 09 - 2022

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction Moldova, Republic of
Summary

The Supreme Court set aside the decision of the first-instance court, which had found that there were no specific procedural law rules applicable to exequatur applications, and had therefore applied by analogy the rules governing requests for the issuance of writs of summons. The Supreme Court found this holding “incomprehensible”, since exequatur applications were governed by the New York Convention and by specific provisions of the Code of Civil Procedure and the Law on International Commercial Arbitration of Moldova.

Related topics
301

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.

Procedure for enforcement in general
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