LAW OF THE REPUBLIC OF MOLDOVA

of February 22, 2008 No. 23-XVI

About arbitration

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope of application and purpose of this law

(1) This law regulates procedure for creation, the organization and activities of arbitration.

(2) According to this law the arbitration can pass the decision on the dispute following from the civil relations in a broad sense between the parties having full legal capacity if the dispute with the consent of the parties was referred for permission to arbitration, except for disputes which according to the law cannot be resolved by arbitration.

(3) If the international treaty, one of the parties of which is the Republic of Moldova, other is provided, than established by this law, method of creation and activities of arbitration, regulations of the international treaty are applied.

Article 2. Basic concepts

In this law the following basic concepts are used:

arbitration - alternative way of the dispute resolution as the arbitrators appointed separately for each case (ad hoc arbitration) and permanent arbitration institutions;

the arbitrator - the physical person chosen or appointed by the parties in accordance with the established procedure for the dispute resolution by arbitration;

competent degree of jurisdiction - degree of jurisdiction of the general jurisdiction in the disputes relating to jurisdiction of court according to the cognizance and jurisdiction established by the legislation on civil legal proceedings;

the arbitral agreement - the agreement on the basis of which the parties refer to arbitration for permission everything or part of disputes which arose or can arise between them as a result of contractual or non-contractual legal relations. The arbitral agreement can be expressed in the form of the arbitration clause introduced in the agreement or in the form of the free standing agreement;

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