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CSJ Plenum · Resolution 2

Moldova CSJ: obtaining evidence with court assistance

Paragraphs 25–27 connect tribunal approval, the request’s contents and judicial assistance.

Act and version

CSJ Plenum Resolution 2 of 30 March 2015 addresses court action in disputes subject to arbitration agreements. The official PDF includes amendments made by Resolution 13 of 16 October 2017. This is general judicial guidance; the selected block concerns Article 27 of international commercial arbitration Law 24/2008.

Paragraph 25: who applies

The tribunal or a party with its approval may request assistance. The court acts within its competence and under procedural evidence rules. The Plenum identifies the court that would have jurisdiction over the dispute absent the clause; read these provisions with the applicable Code version.

Paragraph 26: a reasoned tribunal order

The Plenum recommends first considering the matter in arbitration and issuing an order. It should describe the evidence, facts it could establish or disprove, barriers to obtaining it and its location. The recommendation covers both tribunal initiative and a party’s request.

Paragraph 27: consideration and return of materials

The court considers the request as judicial assistance under Code Articles 125–126 referenced in the resolution, notifies participants of the hearing and sends the record and evidence to the tribunal. Absence of duly notified participants does not prevent consideration. Assistance does not transfer adjudication of the underlying dispute to the state court.

Practical application

The guidance supports a specific and reasoned request. It guarantees no particular application’s outcome and does not replace statutory conditions. The Moldova guide distinguishes domestic and international regimes.

Sources and legal references

General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.