LAW OF THE REPUBLIC OF MOLDOVA

of February 22, 2008 No. 24-XVI

About the international commercial arbitration

The Parliament adopts this organic law.

This law considers provisions of international treaties on the international commercial arbitration, one of the parties of which is the Republic of Moldova, and also the Model act about the international commercial arbitration adopted in 1985 by the United Nations Commission on International Trade Law, approved by the United Nations General Assembly and offered for use in national legal systems.

Chapter I. General provisions

Article 1. Scope of application

(1) This law is applied in cases when the location of the international commercial arbitration is in the territory of the Republic of Moldova. Provisions of Articles 8, of 9, 38 and 39 are applied also in cases when the location of arbitration is outside the Republic of Moldova.

(2) the Arbitration is considered international if:

a) the parties of the arbitral agreement at the time of its conclusion have places of conducting case in the different states;

b) one of the following places is out of the territory of the state in which the parties have places of conducting case:

- the arbitration place if it is provided in the arbitral agreement or is determined according to it;

- the place in which considerable part of the obligations following from trade relations or the place with which the matter in issue is connected most closely shall be performed;

c) the parties specially agreed that the subject of the arbitral agreement is connected at least with two countries.

(3) for the purposes of part (2) the following is established:

a) if the party of the arbitral agreement has several places of conducting case, that which is most closely connected with the arbitral agreement is considered the place of conducting case;

b) if the party does not take place of conducting case, its residence or the location is considered that.

(4) can be transferred To the international commercial arbitration by agreement of the parties:

a) the disputes following from contractual and other legal relationship, arising in case of accomplishment of the international trade agreements and implementation of other types of the international commercial ties if the location at least of one of the parties is outside the Republic of Moldova;

b) the disputes arising between the companies with the foreign investments and the international organizations and associations created in the territory of the Republic of Moldova, disputes between their participants, and equally in disputes between them and other persons of law of the Republic of Moldova.

(5) This law does not affect situation of other laws of the Republic of Moldova owing to which certain disputes cannot be referred to arbitration or can be transferred only according to others, than provided in this law, provisions.

Article 2. Basic concepts and rules of interpretation

(1) for the purposes of this law the following concepts are used in value:

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

arbitral tribunal - the single arbitrator or arbitral panel;

degree of jurisdiction - body of judicial system of the Republic of Moldova;

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 any contractual or non-contractual legal relationship.

(2) for the purposes of this law the following rules of interpretation are established:

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