The examination of a dispute in common courts of law can last for several years, while in arbitration courts the procedure does not exceed several months. This and other advantages of arbitration were presented in a news conference at IPN in connection with the founding of the Arbitration Court of the municipality of Chisinau.
The Arbitration Court’s president Alexandru Tselihov said arbitration also implies lower costs. The charged taxes are lower than in state courts. As the ruling made by the Arbitration Court is definitive, no time and money are spent on appealing.
At the Arbitration Court, the conflicting parties decide by themselves the number of arbitrators who will examine the case, the procedures, the mechanism for appointing arbitrators. Any private individual who agree to settle a disagreement and who, according to a party, can resolve a dispute can become an arbitrator. Specialists in law or other competent reliable persons can also be chosen as arbitrators.
The president of the Arbitration Court noted the parties can choose the law system based on which the dispute will be examined and can decide the language or languages of the arbitration procedure and the place of debates. All the choices are made so as to ensure neutrality and not to advantage or disadvantage one of the parties.
“The arbitrary justice mechanism is a kind of anticorruption solution for preventing incorrect actions,” stated Alexandru Tselihov.
Compared with the courts of law, where the hearings are public, the debates at the Arbitration Court ensure confidentiality. The documents and decisions are not published and this way the parties can count on additional protection in front of potential rivals. “The process of examining arguments should be not only legally comfortable, but should also be purely human,” noted Alexandru Tselihov.
The head of the public association “Arbitration Association of the Republic of Moldova” Valentin Vizant said arbitration is an alternative to the judicial system. The instrument allows examining any type of dispute between companies and private individuals, etc. “We consider this is the most effective instrument for doing justice in Moldova and abroad,” he stated.
“We, all those who are not indifferent and want justice in the Republic of Moldova to be raised to the required level, are ready to contribute.”
At the Chisinau City Arbitration Court, besides arbitrators delegated by the parties, there will be software for choosing at random the third arbitrator. Arbitration courts will also be created in Balti, Cahul and ATU Gagauzia.