Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Moldova
An arbitral award may be set aside by the competent court only if:

  • the party making the application furnishes proof that:
    • a party to the arbitration agreement was under some incapacity;
    • the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereof, under the law of Moldova;
    • the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case;
    • the award deals with a dispute not contemplated by or falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration; however, if those decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
    • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement conflicts with a provision of the law from which the parties cannot derogate, or, failing such agreement, was not in accordance with the law; or
  • the court finds that:
    • the subject matter of the dispute is not capable of settlement by arbitration under the law of Moldova; or
    • the award conflicts with the public policy of Moldova.
For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Moldova
Yes. The request to set aside must be submitted within three months of receipt of the arbitral award or, in certain cases, within three months of pronouncement of the arbitral award.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Moldova
No.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law