Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Moldova
The lex arbitri is the law of the place of arbitration.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Moldova
The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system shall be construed, unless otherwise expressed, as referring directly to the substantive law of that state and not to its conflict of laws rules. Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable. The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the practices of the trade applicable to the transaction.

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