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MOLDOVA 2025-6
Republica Moldova Curtea Supremă de Justiţie, 5 July 2023, Case No. 2r-118/2023
(‘Atai’ Limited Liability Company v. Stork International GmbH)
MOLDOVA 2025-6
The Supreme Court affirmed the first-instance holding that the appellant had been properly informed of the arbitration. The lawyer who had received the arbitration request had presented himself as the appellant’s counsel and had asked for an extension of the time limit to submit a statement in reply; and the appellant itself had written to the arbitrator that it did not acknowledge its debt towards the present respondent. The fact that the appellant was in liquidation did not mean that the exequatur application should be heard in insolvency court.
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 the overall scheme and/or pro-enforcement bias of the Convention.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.