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MOLDOVA 2025-5
Republica Moldova Curtea Supremă de Justiţie, Civil, Commercial and Administrative Litigation College, 28 December 2022, Case No. 2r-599/22
(‘State Administration of Roads’ State Enterprise v. Toto Construzioni Generali SpA et al.)
MOLDOVA 2025-5
The Supreme Court affirmed the first-instance decision granting recognition and enforcement of a French ad hoc award. The conditions for enforcement were all met, and, contrary to the appellant’s claim, counsel for the respondents was authorized to act on their behalf. Also, there was no violation of public policy because the award mentioned the total amount to be paid by the appellant but did not specify the precise amounts to be paid to each respondent.
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 requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
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.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
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.