MOLDOVA 5

Republica Moldova Curtea Supremă de Justiţie, Collegium of Civil, Commercial and Administrative Jurisdiction, 26 May 2021, Case ... Read more

Republica Moldova Curtea Supremă de Justiţie, Collegium of Civil, Commercial and Administrative Jurisdiction, 26 May 2021, Case no. 2r-235/21 (Barshchovskyy Taras XXXXX v. Investohills Vesta Financial Company Limited Liability Company)

26 - 05 - 2021

MOLDOVA 5

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction Moldova, Republic of
Original full text Full text decision MOLDOVA 5
Excerpt Excerpt decision MOLDOVA 5
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
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

 Conditions to be fulfilled by petitioner in general
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
514 Ground e: Award not binding, suspended or set aside - "Binding"
MOLDOVA 5