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Republica Moldova Curtea Supremă de Justiţie, 31 January 2024, Case No. 2r-449/23

(‘Komaksavia Airport Invest’ Ltd et al. v. Government of the Republic of Moldova)

 

31 - 01 - 2024

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

The Supreme Court of Justice held that the first-instance decision to attach assets of the appellants as a protective measure in aid of Moldova’s application to enforce an SCC award was well-founded, legally correct, and based on a fair assessment of the factual circumstances and the correct application of the rules of the applicable Moldovan law. The Court dismissed the argument that the second appellant could not be directed to pay under the award as it had not been a party to the arbitration. Both appellants’ connection to the arbitration was obvious, in the Court’s opinion, as the share capital of the second appellant was the investment at issue in the BIT arbitration initiated by the first appellant against Moldova.

Related topics
106

The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).

Problems concerning the identity of a party
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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