Procedural setting
The Moldovan Government sought recognition and enforcement of the foreign arbitral award of 3 August 2022 and requested interim protection. The Chișinău Court of Appeal partly granted the request on 27 September 2023. Komaksavia Airport Invest and Avia Invest challenged that protective order.
Subject of the measure
The attachment concerned Komaksavia’s holding in Avia Invest, up to EUR 216,678.75 plus execution and application-related expenses. It operated pending recognition proceedings. Identifying the owner of the holding matters: this is not the same as enforcing against every asset of the company in which the debtor holds an interest.
Provisions and reasoning: pages 3–5
The CSJ applied Code Articles 174, 175 and 177 on protection, available measures and reasons for the application. It considered the risk to future execution if assets were disposed of, the monetary limit and the failure to respond to requests for voluntary performance. Proportionality and connection to the protected claim form part of the assessment.
Disposition: pages 5–6
The appeal was dismissed and the protective order of 27 September 2023 maintained. The CSJ’s decision of 31 January 2024 is final on the protective issue examined. It does not decide the underlying foreign-award recognition application on its merits.
Practical significance
The case illustrates the separate importance of preserving assets while enforcement is considered. A new case requires its own grounds, asset information and proportionate amount of protection. The Moldova guide separates interim relief from recognition.
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.