Approved by the decision of Council of Chamber of Commerce and Industry of the Republic of Moldova of July 13, 2001
The international commercial Arbitration Court under Chamber of Commerce and Industry of the Republic of Moldova, further - Arbitration Court, is permanent arbitral organization, non-governmental, independent, created according to the current legislation of the Republic of Moldova this by regulations and international agreements in which the Republic of Moldova is one of the parties.
The purpose of activities of Arbitration Court is providing in the Republic of Moldova internal and international commercial arbitration, and also the procedure of conciliation and other alternative ways of permission of commercial disputes.
The main power of Arbitration Court is permission of internal and international commercial disputes if the parties signed the written arbitral agreement according to provisions of these regulations or according to other rules chosen by the parties and recognized by court.
The Arbitration Court has also following powers: supports the idea of commercial arbitration and provides information support in relation to the organization and activities of court to all interested persons, develops samples of arbitral agreements and provides their distribution in business community, interacts with other permanent arbitral organizations at the local and international level and monitors evolution of arbitration on the world scene, records arbitral practice and constitutes collections of arbitral practice, provides documentation in the field of internal and international commercial arbitration, carries out any other obligations according to these regulations and the current legislation of the Republic of Moldova.
The arbitral agreement is signed in writing in the form of the compromise clause included in the main agreement or in the form of the independent agreement called compromise.
In compromise clause of the party agree that the disputes arising under the agreement in which it is included, or in connection with it will be permitted in the arbitral way. The compromise clause has legal force irrespective of the duration of the contract which part it is.
By means of compromise of the party agree that any dispute which arose between them will be resolved in the arbitral way.
Consent to the dispute resolution can be expressed in the arbitral way by the claimant by means of provision of the arbitral claim, and the defendant - by means of provision of the objection or the letter appointing the arbitrator in whom its consent to the dispute resolution is expressed in the arbitral way, in writing.
The Arbitration Court resolves the disputes entering its competence and follows the following principles:
a) voluntary subordination of concerned parties of court jurisdiction;
b) free choice of the arbitrator or arbitral panel by concerned parties;
c) impartial relation to concerned parties;
d) confidentiality of information provided during the dispute resolution;
e) voluntary subordination of the parties to the temporary or final decisions of the arbitrator or arbitral panel;
f) voluntary execution of arbitral decisions.
The Arbitration Court consists of the chairman, two vice-chairmen, arbitrators and the secretariat; their obligations and powers are determined by these regulations.
The chairman and vice-chairmen of Arbitration Court are elected his arbitrators for a period of four years.
The chairman of Arbitration Court will organize and directs its current activities and represents it in the internal and external relations, carries out the other powers determined by provisions of these regulations. Powers of vice-chairmen are determined by the chairman of Arbitration Court.
Powers of the chairman extend to vice-chairmen of Arbitration Court in case of its absence or its inability to carry out the obligations provided by regulations.
The arbitrator is the physical person entered in the list of arbitrators by the decision of Council of Chamber of Commerce and Industry of the Republic of Moldova.
Arbitrators can be chosen for a period of four years. These are highly qualified specialists with the wealth of experience in area of the right and/or the foreign economic relations necessary for the dispute resolution entering competence of Arbitration Court.
The list of arbitrators is the public document and contains such information as: surname and name, occupation, specialty, qualification, scientific and other ranks, and also other information on experience and on professional qualities of each arbitrator.
Arbitrators are not agents of the parties. They are independent and impartial in case of accomplishment of the powers according to these regulations.
The secretariat consisting of the employees employed as Chamber of Commerce and Industry of the Republic of Moldova is part of Arbitration Court.
Employees of the secretariat under the leadership of the chairman of Arbitration Court and vice-chairmen in strict accordance with these regulations are engaged in clerical work for the purpose of ensuring effective activities of Arbitration Court and carrying out arbitration proceeding.
The Arbitration Court uses seal with the complete name in the Romanian and English languages.
Address of Arbitration Court: Republic of Moldova, Chisinau, Ulitsa Mihai Eminesku, 28.
The disputes entering competence of Arbitration Court are permitted by the arbitral tribunal consisting of one or three arbitrators appointed by concerned parties according to these regulations.
Concerned parties agree about number of the arbitrators who are part of tribunal. If the tribunal consists of three arbitrators, the parties shall appoint on one arbitrator, and arbitrators shall appoint, in turn, within 10 days of the third arbitrator who will become chief tribunal officer.
If two chosen arbitrators do not agree with the candidate of the chief tribunal officer, he shall be appointed the chairman of Arbitration Court within 5 days.
In case of availability of several claimants or defendants, the parties with common interests shall appoint one arbitrator.
The parties can offer appointment of arbitrators the chairman of Arbitration Court.
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