LAW OF THE REPUBLIC OF MOLDOVA

of February 22, 2008 No. 24-XVI

About the international commercial arbitration

The Parliament adopts this organic law.

This law considers provisions of international treaties on the international commercial arbitration, one of the parties of which is the Republic of Moldova, and also the Model act about the international commercial arbitration adopted in 1985 by the United Nations Commission on International Trade Law, approved by the United Nations General Assembly and offered for use in national legal systems.

Chapter I. General provisions

Article 1. Scope of application

(1) This law is applied in cases when the location of the international commercial arbitration is in the territory of the Republic of Moldova. Provisions of Articles 8, of 9, 38 and 39 are applied also in cases when the location of arbitration is outside the Republic of Moldova.

(2) the Arbitration is considered international if:

a) the parties of the arbitral agreement at the time of its conclusion have places of conducting case in the different states;

b) one of the following places is out of the territory of the state in which the parties have places of conducting case:

- the arbitration place if it is provided in the arbitral agreement or is determined according to it;

- the place in which considerable part of the obligations following from trade relations or the place with which the matter in issue is connected most closely shall be performed;

c) the parties specially agreed that the subject of the arbitral agreement is connected at least with two countries.

(3) for the purposes of part (2) the following is established:

a) if the party of the arbitral agreement has several places of conducting case, that which is most closely connected with the arbitral agreement is considered the place of conducting case;

b) if the party does not take place of conducting case, its residence or the location is considered that.

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