MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
Enforcing Foreign Arbitral Awards Foreign arbitral awards are subject to recognition and enforcement proceedings before the Court of Appeal. To obtain recognition and enforcement, the party must submit a request to this effect to the competent court and attach legalised or apostilled copies of the arbitral award and the arbitration agreement. The request is subject to a fixed court fee (approximately EUR13) and a stamp fee (approximately EUR10). The grounds for refusal are those in the New York Convention. The court issues an enforcement ruling, which serves as the basis for initiating enforcement proceedings before the bailiff. 14. Outlook 14.1 Proposals for Dispute Resolution Reform There are ongoing proposals for dispute resolution reform. Arbitration Reform The Ministry of Justice, through a dedicated working group, has drafted a new Unified Arbitration Law to replace the current dual system (Law No 23/2008 on arbitration and Law No 24/2008 on international com- mercial arbitration) with a law inspired by the UNCI- TRAL Model Law. The key proposed improvements include: • reducing the timeframe to challenge arbitral awards from three months to 30 days; • allowing the consolidation of procedures; • introducing a mandatory procedural timetable to streamline proceedings; and • in certain cases, appointing a sole arbitrator for lower-value disputes.
Mediation Reform Based on a 2023 study by the EBRD and IDLO, the Ministry of Justice has initiated a legislative reform to introduce mandatory mediation for certain civil, fam- ily and labour disputes. The draft Law on Mediation and the Status of Mediators has been approved in the first reading by Parliament but has not yet completed adoption. Under the proposed law, parties would be required to attend an initial mediation session before applying to the courts. This model, inspired by Ita- ly, aims to reduce court caseloads, lower costs and delays, and promote voluntary, expedited resolution of disputes. 14.2 Growth Areas The main growth areas for commercial disputes are: • competition – administrative litigation challenging decisions of the Competition Council, reflecting the authority’s increased enforcement activity; • corporate and shareholder disputes – issues related to pre-emptive rights, minority shareholder protections introduced by the 2023 LLC reform, and other corporate governance conflicts; and • construction and real estate disputes arising from large projects, involving foreign investors, often involving delays, contractual breaches or regula- tory compliance issues. The new Urbanism and Construction Code entered into force on 31 Janu- ary 2025.
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