Author Archive: Sorin Dolea

Sorin Dolea is an intern at CIS Arbitration Forum. He is a Moldovan lawyer, currently pursuing Geneva LLM in International Dispute Settlement-MIDS. He graduated with a bachelor degree and LLM in International Law from Moldova State University, Arbitration Academy in Paris and the Hague Academy of International Law (course on the international private law). He specializes in international commercial and investment arbitration and has experience working in a major Austrian law firm for two years.

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Monetary claim as a protected investment under ECT: Energoalians v. Moldova case

Monetary claim as a protected investment under ECT: Energoalians v. Moldova case

On 28 March 2018, the French Court of Cassation reinstated a $49 mln Energy Charter Treaty (“ECT”) award against the Republic of Moldova, that was set aside by the Paris Court of Appeal on jurisdictional grounds in 2016. The Court of Cassation considered that the lower court violated the text of ECT by imposing a […]

London High Court fails to recognize Russian insolvency proceedings

London High Court fails to recognize Russian insolvency proceedings

In December 2017, the London High Court set aside the recognition of the Russian insolvency proceedings in the United Kingdom in a case concerning Hermitage Capital Management dispute. The London High Court established that the Russian liquidator of Dalnyaya Step LLC (“Dalnyaya Step”) should have disclosed that the company had been previously prosecuted in the Russian Federation. […]

By 23 February, 2018 0 Comments Read More →
Fraud allegations at the enforcement stage of ASCOM case

Fraud allegations at the enforcement stage of ASCOM case

The Swedish Supreme Court recently put an end to Kazakhstan’s attempts to set aside the award rendered by SCC tribunal in favour of Anatolie and Gabriel Stati, Ascom Group SA and Terra Tar Trans Trading (“ASCOM” or the “Claimant”). The Supreme Court rejected the claims, declaring that Kazakhstan provided insufficient evidence to support their fraud allegations. Nevertheless, the […]

By 7 December, 2017 0 Comments Read More →
State immunity and state-owned enterprises: a recent dispute involving Moldova

State immunity and state-owned enterprises: a recent dispute involving Moldova

In a recent judgment (27 January 2017), the Court of the Southern District of New York ordered state enterprise Moldovagaz S.A and the Republic of Moldova to pay USD 27 million to Gater Assets Limited. The judgment raises certain issues regarding the state’s liability for state-owned enterprises’ commercial activities. Given that the Government of Moldova has never been party […]

ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”

ASCOM case: Kazakhstan’s request to set aside is rejected, the SCC award “was not fraudulent”

On 9 December 2016 the Svea Court of Appeal (Sweden) rejected Kazakhstan’s request for the award in Anatolie Stati, Gabriel Stati, Ascom Group SA and Terra Raf Trans Trading Ltd v Kazakhstan (Arbitral Award in SCC Case No. V (116/2010) the “Award“) to be set aside, finding Kazakhstan’s allegations regarding a presentation by investors during the […]

By 10 January, 2017 0 Comments Read More →
Moldova: a Summary of Investment Arbitration History

Moldova: a Summary of Investment Arbitration History

The Republic of Moldova is a party to numerous multilateral investment treaties including the Energy Charter Treaty (“ECT“) and the ICSID Convention, which came into force for Moldova on 4 June 2011. Moldova has also signed bilateral investment treaties (“BITs“) with 43 countries. This article presents a short overview of known investor-state cases brought against Moldova. Cases initiated by Yuri Bogdanov  Russian citizen […]

By 23 September, 2016 0 Comments Read More →