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of February 22, 2008 No. 23-XVI

About arbitration

(as amended of the Law of the Republic of Moldova of 29.07.2016 No. 211)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope of application and purpose of this law

(1) This law regulates procedure for creation, the organization and activities of arbitration.

(2) According to this law the arbitration can pass the decision on the dispute following from the civil relations in a broad sense between the parties having full legal capacity if the dispute with the consent of the parties was referred for permission to arbitration, except for disputes which according to the law cannot be resolved by arbitration.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other is provided, than established by this law, method of creation and activities of arbitration, regulations of the international treaty are applied.

Article 2. Basic concepts

In this law the following basic concepts are used:

arbitration - alternative way of the dispute resolution as the arbitrators appointed separately for each case (ad hoc arbitration) and permanent arbitration institutions;

the arbitrator - the physical person chosen or appointed by the parties in accordance with the established procedure for the dispute resolution by arbitration;

competent degree of jurisdiction - degree of jurisdiction of the general jurisdiction in the disputes relating to jurisdiction of court according to the cognizance and jurisdiction established by the legislation on civil legal proceedings;

the arbitral agreement - the agreement on the basis of which the parties refer to arbitration for permission everything or part of disputes which arose or can arise between them as a result of contractual or non-contractual legal relations. The arbitral agreement can be expressed in the form of the arbitration clause introduced in the agreement or in the form of the free standing agreement;

dispute - the dispute between the parties following from the civil relations, including property from the contractual and non-contractual obligations relations, such as purchase and sale, rendering services, performance of works, etc., or from the relations connected with property and other corporeal rights including the intellectual property right;

the arbitration clause - the arrangement of the parties that disputes which will be perhaps generated by the agreement which contains clause or in connection with clause, will be permitted by arbitration, with indication of at the same time arbitral organization. The validity of the arbitration clause does not depend on validity of the agreement in which it contains;

compromise - the arrangement of the parties that the dispute which arose undoubtedly between them will be resolved by arbitration, with indication of under the threat of invalidity of matter in issue and arbitral organization.

Article 3. Subject of the arbitral agreement

(1) any property right can be the Subject of the arbitral agreement. The arbitral agreement relating to the non-property rights can have legal effects in part in which the parties have the right to sign the voluntary settlement in subject of this dispute.

(2) the Requirements relating to law of domestic relations, all requirements following from agreements of property hiring (lease) of premises including disputes on the conclusion, reality, the termination and qualification of such agreements, and also all requirements and property rights relating to housing cannot constitute subject of the arbitral agreement.

(3) This law does not mention any of the laws owing to which certain disputes cannot be subject of arbitration, except as under certain conditions.


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