The International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Republic of Moldova was established in 1994 for the commercial arbitration administration, with the scope to settle disputes regarding the foreign trade.
The Arbitration Court is a permanent, non-corporate, non-governmental and independent institution in execution of its functions. It is organized and acts in accordance with:
- Law of RM No. 23-XVI of February 22th, 2008 "Regarding the Arbitration";
- Law of RM No. 24-XVI of February 22th, 2008 "Regarding the international commercial arbitration";
- The Statute of International Commercial Arbitration Court approved on December 19th, 2009 by a decision of the Council of the Chamber of Commerce and Industry, with his Regulations.
- European Convention of the International Commercial Arbitration of April 21st, 1961.
- Convention of New York of June 10th, 1958 for the recognition and execution of the foreign arbitral awards.
- the legislation of the Republic of Moldova in force and international acts, in which the Republic of Moldova participates.
The objective of the Arbitration Court is to promote the internal and international commercial arbitration as well as conciliation procedure and other ways of alternative dispute resolution within business environment of the Republic of Moldova.
The Arbitration Court Duties
Pursuant to its Statute the Arbitration Court has the following competence:
- The Arbitration for the internal and international commercial disputes settlement, the competence being established on the basis of agreement between merchandisers in contracts or additional acts;
- Arbitration conventions elaborated to be introduced into a contract, or an independent agreement;
- The Procedure Consultation is provided by the secretary of the Arbitration Court at the Court address, by telephone or by correspondence;
- The International Cooperation with similar arbitration institutions and organizations of other countries for the purpose of establishing and developing collaboration. Participation in and organizing of international conferences, meetings, forums and seminars;
- Study and research of the international arbitration legislation and of the law applicable to the disputes;
- Registration of the arbitration practice, documentation in domain of the internal and international commercial arbitration.
The Arbitration Court organization
The Arbitration Court consists of the Chairman, two Deputy- Chairmen, arbitrators and secretariat.
Arbitrators appoint the Chairman of the Arbitration Court for the period of 4 years. The Chairman organizes and carries out the current activity, represents the Court in internal and international relations, executes other duties, which proceed from the Statute of the Arbitration Court.
The Chairman of the Arbitration Court is Mr. Dumitru Postovan.
Deputy-chairmen of the Arbitration Court are:
Mr. Gheorghe Avornic
Mr. Vladimir Volcov
Arbitrators of the Arbitration Court
Arbitrators are persons of high qualification and rich experience in domain of the law and / or in international economic relations and have special knowledge necessary for the disputes settlement, which are in the competence of the Arbitration Court.
The Council of the Chamber of Commerce and Industry of the Republic of Moldova elects arbitrators for the period of 4 years. The List of arbitrators is public and contains the information about arbitrators, their experience and qualification.
Litigant parties appoint arbitrators who will settle a dispute in the arbitration procedure. The Parties can agree about the number of arbitrators who will constitute the arbitration tribunal. As a rule, it consists of 3 arbitrators: two of them are appointed by the parties and the chairman of the arbitration tribunal.
The arbitrators are not representatives of the parties they are independent and impartial in execution of their functions pursuant to the Court Regulations.
The Secretariat of the Arbitration Court consists of employees of the Chamber of Commerce and Industry of the Republic of Moldova. The Secretariat, which is supervised by the Chairman of the Arbitration Court and vice-chairmen, performs the office and secretary work necessary for the Arbitration Court and arbitration procedure efficient activity.