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Republica Moldova Curtea Supremă de Justiţie, 17 April 2024, Case No. 2r-335/2023

(SIA ‘Strategic initiative group UNITE’ v. Guţanu Ruslan)

17 - 04 - 2024

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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 first-instance decision, which had denied the application for recognition and enforcement of a Kazakh award, finding that the lower court had failed to specify which documents attached to the application were not accompanied by a duly certified Romanian translation. The court had found that the translation had been made by a certified Russian-English translator who was not authorized to translate from Russian into Romanian.

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
406

The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

Translation (paragraph 2)
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