Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Moldova
A party which knows that any provision of the law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with, and yet which proceeds with the arbitration without objecting to such non-compliance without undue delay or, if a timeframe is provided therefore, within such timeframe, shall be deemed to have waived its right to object.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Moldova
The principle of competence-competence applies, so the tribunal may solely rule on its own jurisdiction.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Moldova
If the tribunal addresses jurisdiction as a preliminary issue, a party may challenge its decision before the regular (state) court within 30 days of receipt of the decision. The tribunal may continue the proceedings and may even issue an award in the meantime.

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