Regulation on organization and operation of International Arbitration
Chapter I.
GENERAL PROVISIONS
Art.1. – (1) The International Arbitration Court attached to the Association of the Liquidators and Administrators in the Republic of Moldova (hereinafter called as the Court of Arbitration) is a standing, non-governmental, non-corporate body of arbitration, independent in the exercise of its powers, organized and operating in conformity with the Law no. 23-XVI of 22.02.08 on arbitration, (MO no. 88-89 of 20.05.08), Law no. 24-XVI of 22.02.08 on international commercial arbitration, (MO no. 88-89 of 20.05.08), Law no. 134-XVI of 14.06.07 on mediation, (MO no. 188-191/730 of 07.12.07), other related international acts at which the Republic of Moldova is a party and the present Rules and Regulations of the Court of Arbitration.
(2) The Chamber of Commerce and Industry of the Republic of Moldova approves the Regulations of the Court of Arbitration, Scales of arbitration and mediation’ fees and expenses, List of Arbitrators/mediators and undertakes other actions for promoting the Court of Arbitration.
(3) The Court of Arbitration owes its own seal with the complete name in the state languages.
(4) The head office of the Court of Arbitration is in Chisinau municipality, 60, Ivan Zaikin Blvd.
Art.2. – The mission of the Court of Arbitration is to promote, in the Republic of Moldova, domestic and international commercial and civil arbitration, as well as other alternative solutions for settlement of legal disputes.
Chapter II.
DUTIES
Art.3. – (1) The main duty of the Court of Arbitration is to organize and settle by arbitration and other alternative solutions domestic and international, commercial and civil disputes, according to the conditions provided by Law no. 23-XVI of 22.02.08 on arbitration and no. 24-XVI of 22.02.08 on international commercial arbitration, Law no. 134-XVI of 14.06.07 on mediation, and by international conventions at which the Republic of Moldova is a party, if the implied parties concluded in this sense a written arbitral or mediation convention.
(2) The Court of Arbitration can examine both disputes based on arbitration clauses, included in Economical and Commercial Agreements signed between Moldova and other states.
(3) The administration and settlement of disputes are regulated by the Rules of the Court of Arbitration complemented when needed by provisions of international law, as well as by the Code of Civil Procedure of the Republic of Moldova insofar as the same are compatible with arbitration and mediation procedures.
Art.4. – (1) Other duties of the Court of Arbitration are as follows:
a) to assist parties, upon their request, in organizing ad hoc arbitration;
b) to draft model arbitral agreements and ensure their distribution to economical agents; to present the advantages of commercial and civil arbitration to them;
c) to debate within the Court of Arbitration or in co-operation with the other interested institutions of the country, peculiar cases encountered in the arbitral and mediation practice and general problems of domestic and international commercial arbitration and mediation;
d) to co-operate with the other local and foreign standing arbitration bodies and follow-up the progress of world arbitration and mediation;
e) to keep records of arbitral and mediation practices; to prepare collections of arbitral practice; to provide documentation in domestic and international commercial arbitration and mediation;
f) to make suggestions for improvement of the organization and progress of domestic and international commercial arbitration and mediation.
g) Organizes alternative disputes settlement methods, in particular the prior conciliation and mediation.
h) Performs the duties set out in the Arbitration proceedings rules.
i) to fulfill any other duties that are bestowed on it by the present Rules and Regulations of the Court of Arbitration.
Chapter III.
ORGANIZATION AND OPERATION
Art.5. – (1) The Court of Arbitration is composed of arbitrators, appointed for a period of four-year term by the Board of the Association of the Liquidators and Administrators in the Republic of Moldova (hereinafter called as the Board of Association) following a proposal made by the Chairman of the Court of Arbitration and includes specialists considered eligible according to the provisions of the Laws no. 23-XVI of 22.02.08 on arbitration and no. 24-XVI of 22.02.08 on international commercial arbitration and the Secretariat of the Court.
(2) An Arbitrator can be any natural person, citizen of the Republic of Moldova or foreigner, and has full capacity to exercise his/her rights, well reputed and benefits adequate qualification and expertise in the field of commercial and civil law and international relations.
(3) The list of arbitrators is public and has a recommendation character. Enrollment in the List of arbitrators shall be made upon written consent of the candidates. Parties can nominate as arbitrator, persons not included in the List of Arbitrators.
(4) The registration on the List of arbitrators shall take place under the following circumstances:
a) written application;
b) curriculum vitae;
c) credentials according to arbitrator with a minimum length of service of 1 year, in this capacity.
d) approval of the Board of the Association.
(5) The file containing all registration documents shall be filed at the secretary of the Court of Arbitration Secretarial Office.
(6) May also be registered on the List of arbitrators, arbitrators registered on the Lists of arbitrators of other permanent arbitration institutions, under the written approval of the relevant individuals.
(7) The arbitrators shall be mentioned in the List of arbitrators in registered order, for each arbitrator setting out the scientific titles held and the professional background.
(8) The appointment as arbitrator/chairman of the arbitral tribunal of an institutionalized arbitral tribunal takes place only in compliance with the requirements set out herein, applicable to all domestic and international arbitrators included on the List.
(9) In mediation process, persons enrolled in the List of arbitrators can fulfill the function of mediator.
Art.6. – (1) The arbitrators may only be removed from the List of arbitrators in case of breaching the obligations related to their arbitrator mission, by the Court of Arbitration College, based on a report submitted by the Chairman of the Court of Arbitration.
(2) The College final resolution related to the exclusion from the List of arbitrators shall be notified to all domestic Courts of Arbitration.
(3) The resolution passed by the Court of Arbitration College is final and may be challenged within 15 days from the service thereof, at the Court of Arbitration in plenum.
(4) The resolution passed by the Court of Arbitration in plenum regarding the resolution review shall be irrevocable.
Art.7. – (1) The Court of Arbitration activity is coordinated by a College consisting of a Chairman, Deputy Chairman and three members, approved by the Court of Arbitration in plenum, upon the arbitrators recommendation.
(2) The Court of Arbitration College shall carry out its business based on the Rules approved by the Association Board, upon the Chairman’s recommendation.
Art.8. – (1) All arbitrators included on the List of arbitrators represent the Court of Arbitration in plenum.
(2) The Court of Arbitration, in plenum, debates the Court College reports, regarding the activity performed by such College and also legislative matters which, if settled differently by arbitral tribunals, may lead to an uneven practice.
(3) The Court of Arbitration sessions in plenum shall be called within 15 days from the resolution passed by the Court College and shall be chaired by the Court of Arbitration Chairman.
(4) No person included on the List of arbitrators is entitled to unjustified absence from the Court of Arbitration session in plenum. The absence from two Court sessions in plenum can generate the removal from the List of arbitrators.
(5) The Court sessions in plenum shall take place twice a year, namely one spring session and one autumn session.
Art.9. – (1) The Court of Arbitration shall have a Secretariat composed of legal consultants and other employees of the Association of the Liquidators and Administrators in the Republic of Moldova fulfilling office and secretarial works, necessary for effective activity of the Court of Arbitration and operation of arbitration procedure.
Art.10. – (1) Settlement of the disputes shall be exclusive jurisdiction of the arbitral tribunal. For the purpose of the present Rules, the arbitral tribunal shall be the sole arbitrator or, as the case may be, all arbitrators appointed by parties under the arbitral convention or in compliance with the Rules of the Court of Arbitration on arbitration procedure to settle a specific dispute and to render an award which shall be final and binding on them.
Art.11. - (1) The mediation is governed by the Rules of the Court of Arbitration Court on mediation procedure.
Art.12. – (1) The appointment of arbitrators or mediators in an assignable dispute and constitution of the Arbitration Tribunal shall be in compliance with the provisions of the Rules of the Court of Arbitration.
(2) The appointing authority of the arbitrators or mediators, in conditions foreseen by the Regulations on domestic arbitration, on international commercial arbitration and on mediation procedure, shall be the Chairman of the Court of Arbitration, to the extent the party has failed to select an arbitrator from the List, within the legal term.
Art.13. – (1) The Association of the Liquidators and Administrators in the Republic of Moldova have no right, by the organization and management of the arbitration or mediation, to interfere concerning the settlement of the dispute or to influence the arbitral tribunal or mediators in any way at all.
Chapter IV.
FINANCIAL RESOURCES
Art.14. – (1) The financial resources of the Court of Arbitration Court shall be formed from the arbitral and mediation fees, paid for provided services.
(2) The arbitral and mediation fees shall be established by Scales of arbitration and mediation’ fees and expenses, approved by the Board of the Association of the Liquidators and Administrators in the Republic of Moldova.
(3) The arbitration and mediation fees shall cover expenses entailed to organization, operation and settlement of disputes, including secretariat, arbitrators’ fees and documentation, persons implied in examination and settlement of the disputes, as well as for other expenses necessary for functioning of the Court of Arbitration.
Art.15. – (1) The Association of the Liquidators and Administrators in the Republic of Moldova shall provide the rooming and outfit adequate for the Court of Arbitration to carry its activity.
Chapter V.
COMMON AND FINAL PROVISIONS
Art.16. – (1) The Court of Arbitration, arbitral tribunal, mediators and the staff of the Association of the Liquidators and Administrators in the Republic of Moldova shall be bound to ensure the confidentiality of the arbitration or mediation, according to the Rules of the Court of Arbitration.
Art.17. – (1) The provisions of the present Rules govern the organization of the Court of Arbitration, establishing the frame of autonomy and the relations with the Association of the Liquidators and Administrators in the Republic of Moldova. The relations between disputing parties and the Court of Arbitration are regulated, as regards cases subject of arbitration or mediation, by the Rules of the Court of Arbitration.
(2) The relevant provisions of the Law no. 23-XVI of 22.02.08 on arbitration, (MO no. 88-89 of 20.05.08) and Law no. 24-XVI of 22.02.08 on international commercial arbitration, (MO no. 88-89 of 20.05.08), as well as of the European Convention on international commercial arbitration, signed in Geneva, on April 21 st, 1961, and of the Arbitration Rules of the United Nations Commission for International Commercial Law, passed on December 15 th, 1976 (UNCITRAL), the Rules on the Court of Arbitration organization and operation, the Court of Arbitration College Rules, the Arbitration proceedings rules and the Regulations on arbitration fees and expenses shall set up the Arbitration Codex.
Art.18. – (1) The arbitration and mediation proceedings rules of the Court of Arbitration shall be drafted by the Court of Arbitration College, who shall submit these for the approval of the Board of Association.
Art.19. - (1) These Rules come into effect starting with the 01.12.2010.
(2) All pending disputes shall remain subject to the Rules in force on the filing date.
(3) All provisions to the contrary shall be abrogated as of the effective date hereof.
Art.20. – (1) The Secretariat of the Court of Arbitration shall provide the publication, as well as notifying of those interested in the present Statute and its annexes.
Art. 21. – (1) Annexes:
Annex no. 1: List of arbitrators/mediators
Annex no. 2: Rules on arbitration procedure
Annex no. 3: Rules on mediation procedure
(2) Each of mentioned Rules contain the annex of standard arbitration and mediation clauses and Scales on arbitration and mediation’ fees and expenses, that constitute integrated parts of corresponding Rules.
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