Comparative Guides

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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.

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4. Results: Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
Moldova

Answer ... The arbitration agreement must be in writing and be signed by the parties.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
Moldova

Answer ... The principle of separability applies to both domestic and international arbitration. Accordingly, the validity of the arbitration agreement is regarded (and is addressed) separately from the validity of the contract in which it is included.

For more information about this answer please contact: Vladimir Iurkovski from Schoenherr Attorneys at Law
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
Moldova

Answer ... The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties. Notwithstanding this, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate:

  • to consult among its members;
  • to hear witnesses, experts or the parties; or
  • to inspect goods, other property or documents.

The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings.

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