The purpose of each arbitration court, the same as the purpose of judicial instances, is dispute resolution with the adoption of a valid and performable decision. Deducting that every state is independent and sovereign, we can’t impose a foreign law on a state, in order to perform or enforce on its territory foreign judicial decisions. Although, this fact is really possible when the states conclude or adhere to a convention that regulates these situations, and then where international private law provides this possibility. In the Republic of Moldova, the procedure of recognition and enforcement of foreign judgments and foreign arbitral awards is provided by the Civil Procedure Code starting with Article 467.
Recognition and enforcement of foreign judgments
According to the Moldovan legislation, the judgment of a foreign court means the judgment issued by a common law court or a specialized court on the territory of a foreign state for example on the territory of Ukraine. The judgments issued by foreign courts shall be recognized and enforced in the Republic of Moldova if it is stipulated by international treaties to which the Republic of Moldova is a party or under the principle of reciprocity in regard to the effects of foreign judgments.
