Tag: Moldova

New Book: The Law and Practice of International Arbitration in the CIS Region

New Book: The Law and Practice of International Arbitration in the CIS Region

CIS Arbitration Forum authors and other experts from the region teamed up to produce the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. The Law and Practice of International Arbitration in the CIS Region edited by Kaj Hober and Yarik Kryvoi provides a country-by-country analysis of regulation and practice […]

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 […]

By 16 May, 2017 0 Comments Read More →
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 →
TSIKinvest LLC v. Republic of Moldova

TSIKinvest LLC v. Republic of Moldova

An investor filed the emergency arbitration proceeding against Moldova. The claims arose out of the suspension of claimant’s voting rights in a Moldovan bank and the forced sale of its shares within three months allegedly ordered by Moldova’s National Bank. The emergency arbitrator stayed Moldova’s attempts to force the claimant to divest its shares in a bank. The […]

State Enterprise “Energorynok v. Republic of Moldova

State Enterprise “Energorynok v. Republic of Moldova

Energorynok,  a state-owned energy company, brought an arbitration claim against the Republic of Moldova seeking to recover a debt of USD 1.7 million from an economic agent affiliated to Moldova’s Energy Ministry. The Tribunal found confusing and inconsistent the Claimant’s arguments on quantum and rejected the claim as groundless. The award was rendered on 29 January 2015 and is available […]

Iurii Bogdanov, Agurdino-Invest Ltd. and Agurdino-Chimia JSC v. Republic of Moldova

Iurii Bogdanov, Agurdino-Invest Ltd. and Agurdino-Chimia JSC v. Republic of Moldova

An investor filed the SCC arbitration claim alleging indirect expropriation after the Moldova’s Customs Department supposedly restricted the operations of claimant’s paint-manufacturing company in a so-called free economic zone. The tribunal rendered the decision on 31 January 2006 in favour of the State. The award is available here. Bogdanov and Agurdio Invest v.Moldova (SCC 2005)

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 →
Opposite Results in Two SCC Emergency Arbitrations (Evrobalt v Moldova and Kompozit v Moldova)

Opposite Results in Two SCC Emergency Arbitrations (Evrobalt v Moldova and Kompozit v Moldova)

Two recent Stockholm Chamber of Commerce (“SCC“) emergency arbitration awards in investment arbitrations against the Republic of Moldova, with different conclusions based on a similar factual and legal background, inject uncertainty regarding the interpretation of conditions for granting interim relief in investment arbitration, while reaffirming positions on certain long-debated issues. Practical implications The messages to […]

Interim Relief Against the Host State: Analysis of Emergency Awards against Moldova

Interim Relief Against the Host State: Analysis of Emergency Awards against Moldova

Applications for interim relief have become a frequently used procedural tool among foreign investors arbitrating against CIS states. Emergency arbitration proceedings under the Stockholm Chamber of Commerce (SCC) Arbitration Rules are particularly in demand: at least four applications for interim reliefs against CIS states have been filed since 2014 (TSIKInvest v Republic of Moldova; JKX Oil & […]

Kompozit LLC v Republic of Moldova (SCC Emergency Arbitration)

Kompozit LLC v Republic of Moldova (SCC Emergency Arbitration)

In June 2016 Kompozit LLC, a Russian shareholder of JSC Moldova Agroindbank (MAIB)  applied for interim relief from SCC Emergency Arbitrator Mr. José Rosell. The dispute arose out of the actions by the National Bank of Moldova impairing the Claimant’s shareholding in MAIB: finding that Claimant failed to receive its approval of obtaining substantive shareholding, subsequent suspension of its shareholding […]

Evrobalt LLC v. Republic of Moldova (SCC Emergency Arbitration)

Evrobalt LLC v. Republic of Moldova (SCC Emergency Arbitration)

In May 2016 Evrobalt LLC, a Russian shareholder of JSC Moldova Agroindbank (MAIB) applied for interim relief from SCC Emergency Arbitrator Mr. Georgios Petrochilos. The dispute arose out of the actions by the National Bank of Moldova impairing the Claimant’s shareholding in MAIB: finding that Claimant failed to receive its approval of obtaining substantive shareholding, subsequent suspension of its […]

Recent Investment Arbitration Cases involving CIS States

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova

Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova

Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova, SCC Case No. V091/2012 – Final Award – 16 April 2013 (became available in 2014 only) – Part 1 Yuri Bogdanov and Yulia Bogdanova v. Republic of Moldova, SCC Case No. V091/2012 – Final Award – 16 April 2013 (became available in 2014 only) – Part […]

Moldova Gets a Mixed Result in the First ICSID Arbitration against it

Moldova Gets a Mixed Result in the First ICSID Arbitration against it

On 8 April 2013, the tribunal rendered an award in Arif v Moldova, the first ICSID arbitration against Moldova, which commenced several months after it had ratified the ICSID Convention. The tribunal (Cremades, Hanotiau, Knieper) rejected the majority of the investor’s claims, but found that Moldova had in one instance violated the obligation to provide fair […]

Franck Charles Arif v. Republic of Moldova

Franck Charles Arif v. Republic of Moldova

Mr Franck Charles Arif v Republic of Moldova, ICSID Arbitration (No. ARB:11:23), Award dated 8 April 2013

Bogdanov and Others v. Moldova

Bogdanov and Others v. Moldova

Iurii Bogdanov, Agurdino, Invest Ltd, Agurdino–Chimia JSC v Moldova, SCC Arbitration No. V (114:2009), Award dated 22 September 2005

Link Trading v. Moldova

Link Trading v. Moldova

Link Trading Joint Stock Company vs. Republic of Moldova, UNCITRAL Arbitration, 16.02.2001 Link Trading Joint Stock Company vs. Republic of Moldova, UNCITRAL Arbitration, 18.04.2002