MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
• the Law on International Commercial Arbitration, both in force since 2008. The legal framework on arbitration is largely based on non-mandatory provisions, granting the parties sig- nificant autonomy to determine the procedural rules applicable to their arbitration. Moldova has ratified the New York Convention, mak- ing two reservations upon accession: • the Convention applies to arbitral awards rendered after its entry into force for Moldova; and • the Convention applies on a reciprocity basis, only to arbitral awards rendered on the territory of another State Party to the Convention. 13.2 Subject Matters Not Referred to Arbitration According to the Law on Arbitration, the following matters may not be referred to arbitration: • disputes arising out of family law; • claims related to residential lease agreements, including disputes concerning their conclusion, validity, termination and classification; and • claims and patrimonial rights relating to housing. An arbitration agreement concerning non-patrimonial rights may have legal effect, to the extent that the par- ties are entitled to conclude a settlement regarding the subject matter of the dispute. 13.3 Circumstances to Challenge an Arbitral Award The parties can challenge an arbitral award on one of the following grounds: • the dispute is non-arbitrable; • the arbitration agreement is null and void; • the arbitration award fails to mention the tribunal’s decision on the relief sought and the reasons for the decision, the place and date of the award or the signatures of the arbitrators; • the award contains provisions that cannot be enforced;
• the constitution of the arbitral tribunal or the arbi- tration procedure was not in accordance with the arbitration agreement; • the party challenging the award was not duly noti- fied of the appointment of the arbitrators or of the arbitral hearing, including the place, date and time, or was otherwise unable to appear before the tribu- nal to present the case; • the tribunal decided on a dispute not covered by the arbitration agreement, or the award includes provisions exceeding the scope of the arbitration agreement – if provisions within the award that are consistent with the arbitration agreement can be separated from those that are not, the court may set aside only the non-conforming parts of the award; or • the award violates the fundamental principles of the legislation of the Republic of Moldova or public policy. The request to set aside the arbitral award may be submitted within three months from the date the award is served to the party seeking to challenge it. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Enforcing Domestic Arbitral Awards If a domestic arbitral award is not enforced voluntar- ily, the creditor may request a first-instance court to issue an enforcement ruling. The request is subject to a fixed court fee (approximately EUR13) and a stamp fee (approximately EUR10). The court examines the request within one month of filing, with both parties being duly notified. Their absence, however, does not prevent the examination of the case. The court may refuse to issue an enforcement order only on limited grounds, such as: • the arbitration agreement is null and void; • lack of proper notice to a party; • the award exceeds the scope of the arbitration agreement; • non-compliance with the agreed arbitral procedure or legal requirements; or • the award is not final or has been set aside by a competent court.
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