Republic of Moldova - National Report - World Arbitration Reporter - Second Edition
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN THE REPUBLIC OF MOLDOVA – HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
Over the years, arbitration in the Republic of Moldova increased in popularity as an alternative method to solve disputes. The Government of the Republic of Moldova is crafting a modern and robust arbitration system, by promoting the alternative dispute resolution (“ADR”). The existing legislative framework was reviewed and amended in order to harmonise and align the national framework to international standards. A range of practical handbooks for arbitration users has been prepared and distributed; and several impressive trainings have been delivered on arbitration proceedings and enforcement of foreign arbitral awards.
The first attempt to regulate the arbitration dates back in 1994, when the Law No 129 on Arbitral Court (arbitration) was adopted. At that time, the first international arbitral institution was established – the International Commercial Arbitration Court within the Chamber of Commerce and Industry. Since the abrogating of the Law on Arbitral Court, a new body of laws has been approved in 2008, that is currently in force.
As a subsequent effect, the other relevant pieces of legislation were amended in order to define and optimize the national legal framework in the field of ADR (for instance: the Code of Civil procedure has undergone substantial amendments during 2012 -2017 period, Tax Code – in 2011, Enforcement Code –was subject to rather substantial changes in 2010, when the mechanism of enforcing judgements in civil matters was amended).