July 13, 2001, Monitorul Oficial of the
Republic of Moldova N 131-132 of 31 10 2001
The Court of International Commercial
Arbitration attached to the Chamber of Commerce and Industry of the
Republic of Moldova, hereinafter called the Court of
Arbitration, is a standing, non-governmental,
non-corporate body of arbitration, independent in the exercise of
its powers, organised and operating in conformity with the current
legislation of the Republic of Moldova, present Regulations and
international agreements to which the Republic of Moldova is a
The mission of the Court of Arbitration is to
promote in the Republic of Moldova domestic and international
commercial arbitration and mediation procedure as well as other
alternative solutions for settlement of commercial
The major duty of the Court of Arbitration is
to organise and settle by arbitration domestic or international
disputes, if the implied parties concluded a written arbitral
agreement in conformity with the present Regulations or other
regulations chosen by the parties and acknowledged by the
Other duties of the Court of Arbitration are
as follows: to promote the idea of commercial arbitration and
provide information support regarding the Court organization and
activity to all interested persons, to draft model arbitral
agreements and ensure their distribution to businesspersons, to
co-operate with other permanent arbitration boards of the country
and from abroad and follow international development of
arbitration, to keep record of arbitral practice; to prepare
collections of arbitral practice; to provide documentation in
domestic and international commercial arbitration, to fulfil any
other duties that are bestowed on it by the present Regulations and
current legislation of the Republic of Moldova.
The arbitral agreement shall be concluded in
writing under the form of an arbitration clause, stipulated in the
main contract, or of a separate agreement called
Under the arbitration clause, the parties
agree that disputes arising from the contract stipulating for it or
in connection with the same, shall be settled by
The validity of the arbitration clause shall
be independent of the validity of the contract it is included
Under the terms of the compromise, the
parties agree that a dispute arising between them shall be settled
The arbitral agreement may also originate
from the filing by the Claimant of a Request for Arbitration and
written objection or letter nominating the arbitrator presented by
the Respondent, where it is agreed that the Court of Arbitration
shall settle such request.
The Court of Arbitration settles disputes
covered by the terms of its reference and is guided by the
The Court of Arbitration is composed of the
President, two vice-presidents, arbitrators and secretariat; their
duties and authorities are stipulated by the present
The arbitrators elect the President and
vice-presidents of the Court of Arbitration for a four-year
The president of the Court of Arbitration
shall head the current management of the Court, represent it in its
internal and international relations and fulfil other duties
stipulated by the provisions of the present Regulations. The
president shall determine the duties of vice-presidents.
Vice-presidents in case of the president's
absence or inability to exercise duties stipulated by the
Regulations fulfil the duties of the president.
Arbitrator is a natural person enrolled on
the list of arbitrators by the decision of the Council of the
Chamber of Commerce and Industry of the Republic of
Arbitrators are elected for a four-year term
and shall be persons with high qualification and expertise in the
field of commercial law and/or international economic relations
possessing knowledge necessary for the settlement of disputes
covered by the terms of reference of the Court of
The list of arbitrators is public and shall
include full name, occupation, qualification, the titles and
degrees as well as other information regarding each arbitrator's
professional work and experience.
The arbitrators shall not be the
representatives of the parties, shall be independent and unbiased
in fulfilling their duties stipulated by the present
The Court of Arbitration shall have a
secretariat composed of employees hired by the Chamber of Commerce
and Industry of the Republic of Moldova
The employees of the secretariat are
supervised by the president of the Court of Arbitration and
vice-presidents and in strict correspondence with the present
Regulations fulfil any office work necessary to maintain the
effective activity of the Court of Arbitration and implement
The Court of Arbitration has the seal with
its full title in Romanian and English languages.
The Court of Arbitration office address:
Republic of Moldova, Chisinau, 28 Eminescu Street.
The disputes covered by the terms of
reference of the Court of Arbitration are settled by the Arbitral
Tribunal consisting of one or three arbitrators, appointed by the
contending parties, in the correspondence with the present
Contending parties shall agree on the number
of arbitrators - members of the tribunal. If the tribunal consists
of three arbitrators, each party shall nominate one arbitrator, and
arbitrators in their turn within 10 days should nominate the third
arbitrator who will become the presiding arbitrator of the
If the two appointed arbitrators disagree
with the candidacy of the presiding arbitrator of the tribunal, the
president of the Court of Arbitration shall appoint the person
within 5 days.
In case where there are several claimants or
respondents, the parties who have joint interests shall appoint a
Parties can offer the president of the Court
of Arbitration to appoint the arbitrators.
If a sole arbitrator settles the dispute,
parties can nominate it independently or address to the president
of the Court of Arbitration with the request to appoint the
If arbitrator refuses to fulfill his
functions, or his candidacy is rejected, the president of the Court
of Arbitration after the preliminary consultation with the
contending parties nominates another arbitrator.
If parties have not nominated arbitrators
within the time limit established by the present Regulations, the
president of the Court of Arbitration nominates arbitrators and
introduces them to the parties.
A person accepting the functions of an
arbitrator shall inform the parties requesting his appointment
about any circumstances providing grounded doubts of his
independence and impartiality. If he has been already appointed,
arbitrator has to inform immediately the other party, the Court of
Arbitration and other appointed arbitrators about the same
Contending parties have the right to
challenge any arbitrator basing on the reasons stated in article
11. The challenge can be stated at any stage of the arbitration but
not later than it is over.
The challenging petition shall be made in
writing. It shall contain the reasons for challenge and be
presented within 15 days after the party has found out the
circumstances serving as the reason for challenge.
If the party has not submitted the
challenging petition by the fixed term, it is considered, that it
has refused the right for challenge.
The challenging petition is examined within 5
days by the president of the Court of Arbitration who after the
preliminary consultation with the contending parties and other
appointed arbitrators can accept the challenge of the
The decision regarding challenge is made in
writing without specifying reasons and shall be accompanied by the
offer for the new arbitrator appointment.
Contending parties have the right to
challenge an arbitrator, if he/she de facto or de jure is unable to
fulfill his/her duties or they are not fulfilled due to other
reasons, which can lead to unjustified delay of the dispute
The arbitral proceedings are commenced with
the Request for Arbitration submission. The Request for Arbitration
shall be considered to have been filed on the date of its
registration with the Chamber of Commerce and Industry of the
Republic of Moldova.
The Request for Arbitration and the enclosed
documents shall be presented in Romanian language.
The Request for Arbitration shall include the
The Request for Arbitration shall be provided
with copies equal to the number of Respondents.
In case the Request fails to meet all the
requirements stipulated above, the Secretariat of the Court of
Arbitration shall notify the Claimant, as soon as possible, to
revise them accordingly within a period of time no longer than 15
days of the date of the receipt of the notification.
If the above-mentioned defects will be
eliminated in the notified terms, the Request for Arbitration is
considered to have been filed on the day of its initial
registration. If the Claimant fails to eliminate the defects of the
Request for Arbitration in the notified terms, it is not considered
to have been filed.
The value of the object of the Request for
Arbitration shall be generally established as follows:
Where the Request contains several points of
claim, the value of each individual claim shall be calculated
separately. In this case, the value of the object of the Request
shall be established at the total amount of all claims.
Where the Claimant has failed to calculate or
has inaccurately calculated the value of the object of the claim,
the Court of Arbitration shall calculate this value ex officio or
on the Respondent's request, based on the relevant data
Within no more than 5 days of the date of
receipt of the Request for Arbitration the Secretariat of the Court
of Arbitration shall send to the Respondent a copy of the Request
for Arbitration together with the copies of all as well as the list
Within 15 days of the receipt of the
notification for Arbitration, the Respondent shall communicate
his/her statement of defense including the name of the appointed
arbitrator or request for the appointment of the arbitrator by the
president of the Court of Arbitration.
If the Respondent fails to designate his /her
arbitrator within the fixed time limit, the president of the Court
of Arbitration can appoint the arbitrator.
Statement of defense shall include objections
to the Claimants claims, response de facto and de jure to the
claim, evidence for the defense and other details arising from the
Request for Arbitration.
Should the Respondent have claims against the
Claimant on grounds derived from the same legal relationship, the
former may file a counterclaim.
The counterclaim shall be filed within the
time limit for filing the statement of defense or by first day of
hearings at the latest and shall comply with the same requirements
as the main claim. The counterclaim is due to be settled together
with the main claim.
Once the Arbitral Tribunal has been set up,
the statement of defense and counterclaim obtained, the Secretariat
of the Court of Arbitration must deliver the case to the Arbitral
Tribunal making a written note of this fact as well as the time of
The Arbitral Tribunal shall determine its
competence in the dispute settlement. If it is determined that the
terms of reference of the Court of Arbitration do not cover the
case stated in the Request for Arbitration, the Request for
Arbitration and all enclosed documents shall be returned to the
On the case receipt, the Tribunal shall
establish the date of the court session and notify the
If the parties have not agreed otherwise, the
hearing shall be held in 30 days since the subpoenas have been
The parties can participate in the court
examination either in person or through their authorized
representatives; they can be assisted by attorneys, councilors,
interpreters and other persons.
Either party can request the hearing to be
held in its absence.
If either of the parties or its
representative, though duly summoned about time and place of
hearing, has not been present in the court, the hearing of the case
is adjourned for the other date. The repeated or unreasonable
absence shall not prevent the court proceedings and the case
settlement. In case representatives of both parties are absent, the
hearing is postponed to the other day.
Having conferred with the parties, the
tribunal shall determine the method of the dispute settlement. The
method of the dispute settlement shall ensure a rational and fair
decision and guarantee each party a possibility to state their
Generally, the hearings of the dispute before
the Arbitral Tribunal shall be in Romanian language, unless
otherwise provided by the parties. The services of an interpreter
can be provided at the expense of both parties equally.
The Arbitral Tribunal shall settle the
disputes based on the applicable substantive law, determined by the
parties' agreement as the law applicable in case of
In case such agreement does not exist, the
substantive law is determined in accordance with the conflict
rules, which arbitral tribunal considers applicable for the
resolution of dispute shall be applied.
The decision concerning the applicable law
shall be taken in accordance with the agreement provisions and with
regard for trade customs and international arbitration
Either party shall prove the circumstances
referred to as the basis of the requests and objections. The
Arbitral Tribunal shall check the proofs.
The Arbitral Tribunal has the right to reject
the proofs presented by the parties, if they do not concern the
essence of the case or the proof of those circumstances can be
carried out by more simple, effective and less expensive
The tribunal has the right to require other
proofs admissible by the applicable law as well as written
explanations of the parties regarding the subject of the
The Arbitral Tribunal shall decide whether
the circumstances were proved or not only based on careful
investigation and impartial evaluation of the proofs presented by
Before the arbitral award pronouncement and
with the consent of the parties the Arbitral Tribunal has the right
to take necessary provisional and conservatory measures regarding
the subject of the dispute.
The Arbitral Tribunal is obliged to explain
to the parties the effect of the provisional and conservatory
measures requested by any of the parties.
The Arbitral Tribunal shall not take
provisional and conservatory measures if there is no agreement for
the allocation of charges entailed with their
The Arbitral Tribunal shall provide for the
session minutes record, if the parties have not stipulated
The minutes of the session shall
The parties are entitled to familiarize
themselves with the contents of the minutes and obtain a copy of
The session minutes is edited by the
secretary of the hearings, who, as a rule, is the employee of the
Court of Arbitration.
If during the hearing either of the
contending party has not taken the advantage of the right to refer
to deviations from the arbitration agreement or arbitration
proceedings in correspondence with the present Regulations within 5
days since the moment when the party has learned or should have
learned about such deviations, it shall be considered that the
parties have refused the right to refer to deviations from the
proceedings as the reason for the appeal.
Arbitration proceedings are closed by
pronouncing the final arbitral award. The arbitral award is
pronounced in case the dispute is settled, the claimant withdraws
his/her claim or the respondent accepts the claim, as well as in
case of confirmed amicable agreement.
Arbitral award shall be pronounced at least
within 6 months since the date the case has been transferred for
examination to the competent Arbitral Tribunal.
In case of the dispute examination by the
Arbitral Tribunal consisting of several arbitrators, the award is
adopted by a majority vote. Arbitrator withholding his/her consent
regarding the decision adopted can express his/her separate
opinion, which is rendered to the parties and attached to the
The Arbitral Tribunal has the right to set
aside the arbitral award pronouncement notifying the parties of the
necessity for supplementary examination.
The arbitral award shall include:
The arbitral award shall be rendered to the
parties immediately after it is adopted.
The pronounced arbitral award shall be
communicated to the parties, at the latest, within 10 days of the
date of its rendering.
On request of either party submitted not
later than 30 days since the award rendering, provided that there
will be established the failure of the award to satisfy all the
claims of the parties, the Arbitral Tribunal has the right to take
an additional decision based on supplementary examination of the
dispute. The same Arbitral Tribunal shall carry out the
supplementary examination of the dispute.
Obvious material errors in the text of the
arbitral awards that do not alter the substance of the award, as
well as calculation errors, may be corrected unsolicited by the
Arbitral Tribunal in a correction decision or upon the request of
The additional award and the correction
decision shall be a constitutive part of the final arbitral
The parties cannot be compelled to cover the
arbitrary award modification or correction costs.
The arbitral award may only be set aside
following a petition for annulment for one of the following
In this case Arbitral Tribunal gives a
justified decision on setting aside the arbitration. Such decision
on setting aside the arbitration does not deprive the claimant of
the right to address to the Court of Arbitration a new request for
arbitration claim based on common regulations.
Contending parties have the right to file a
setting aside request against an arbitral award in conformity with
the provisions of the current legislation of the Republic of
Moldova to the competent judicial instance of the Republic of
The arbitral award shall be final since it
has been pronounced and be implemented voluntarily within the
The arbitral award which has not been
executed voluntary and duly, is implemented forcedly in conformity
with the current legislation of the Republic of Moldova,
international agreements, to which the Republic of Moldova is a
party, and current legislation of the state on the territory of
which the award should be executed.
These Regulations shall come into force on
August 1, 2001 and substitute the previous Regulations of the Court
of Arbitration attached to the Chamber of Commerce and Industry of
the Republic of Moldova.
The present Regulations of the Court of
Arbitration shall be applied by the Arbitral Tribunal for the
arbitration of disputes covered by the terms of its reference,
irrespective of the moment of the arbitration agreement conclusion,
if the parties have not stipulated otherwise.
Annex 1 " Regulations on Arbitral Fees and
Expenses " and Annex 2 "Recommended Arbitration Clause " constitute
the integral parts of the present Regulations.