Author Archive: Sorin Dolea

Sorin Dolea is a Moldovan lawyer, who obtained 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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Crimea-related arbitral award annulled for lack of ratione temporis jurisdiction

Crimea-related arbitral award annulled for lack of ratione temporis jurisdiction

On 30 March 2021, the Paris Court of Appeal annulled a 1.1 billion US dollars award against Russia in favour of the Ukrainian state-owned bank Oschadbank for the expropriation of its assets in Crimea. The Court found that the Oschadbank’s investments did not fall within the temporal scope of the Russia-Ukraine 1998 BIT, and therefore […]

UK court enforced Tatneft’s award despite illegality defense
By 26 January, 2021 0 Comments Read More →

UK court enforced Tatneft’s award despite illegality defense

Ukraine has failed to overturn the enforcement of the investment treaty award won by Tatneft despite a finding by the Commercial Court in London (the „Court”) that a significant portion of the damages awarded related to an illegal purchase of shares. The Court found that under Ukrainian corporate law Tatneft illegally obtained the investments, and […]

Dual national fails in a multi billion claim against Russia

Dual national fails in a multi billion claim against Russia

On 22 June 2020 the Russian Ministry of Justice announced that the UNCITRAL tribunal hearing Mr Serghei Pugachev’s US$14.5 billion claim against the Russian Federation under France-USSR 1989 BIT (the “BIT”) lacked jurisdiction over the claimant’s claim. The tribunal found that the claimant was not a French national at the time he made his investments […]

London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT

London High Court: too late for Kazakhstan to challenge an award issued on Canada-USSR BIT

On 29 January 2019, by its Judgement, the High Court in London refused to allow Kazakhstan a time extension to pursue a challenge to an award on jurisdiction (Award). The High Court held that the fresh evidence obtained by Kazakhstan was not determinative that would justify reopening the jurisdictional matters of the case The proceedings […]

Investment claim against Ukraine follows an antimonopoly fine imposed on Gazprom
By 13 December, 2018 0 Comments Read More →

Investment claim against Ukraine follows an antimonopoly fine imposed on Gazprom

On 25 October 2018, Gazprom filed an EUR 6.4 billion investment treaty claim against Ukraine in accordance with UNCITRAL Arbitration Rules, under the Russia – Ukraine Bilateral Investment Treaty of 1998 (BIT). The claim concerns a fine imposed by a state authority. Although analysing the merits of the claim at this stage is premature, the […]

Exxon Consortium – Rosneft dispute on the migration of oil in the Sakhalin-1 Project
By 20 September, 2018 0 Comments Read More →

Exxon Consortium – Rosneft dispute on the migration of oil in the Sakhalin-1 Project

One of the major recent disputes in the Russian oil & gas industry arose between a subsidiary of the U.S. oil company Exxon Mobil – Exxon Neftegas and the Russian state-controlled oil company Rosneft over the Sakhalin-1 project (the “Project”). The dispute between these oil giants led to two parallel proceedings. In the first case, […]

The Svea Court of Appeal set aside the final award won by Spanish investors in Yukos Oil Company

The Svea Court of Appeal set aside the final award won by Spanish investors in Yukos Oil Company

On 7 June 2018, the Svea Court of Appeal in Sweden set aside the award by the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) in favour of the Spanish investors (“Quasar de Valores SICAV and others v. Russia”). Seven Spanish companies (the “Claimants”) originally filed the SCC claims against Russia in 2007, seeking […]

Bank St Petersburg PJSC v. Vitaly Arkhangelsky

Bank St Petersburg PJSC v. Vitaly Arkhangelsky

On 9 May 2018, the English High Court of Justice ruled that Russian shipping businessman Mr.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/premarin.html no prescription drugstore Vitaly Arkhagelsky is liable for a series of debt guarantees and dismissed his counterclaim in the long-running case brought by the Bank St. Petersburg and its CEO Mr. Alexander Savelyev. Mr. Arkhangelsky originally had […]

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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
By 23 February, 2018 0 Comments Read More →

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. […]

Fraud allegations at the enforcement stage of ASCOM case
By 7 December, 2017 0 Comments Read More →

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 […]

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”
By 10 January, 2017 0 Comments Read More →

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 […]

Moldova: a Summary of Investment Arbitration History
By 23 September, 2016 0 Comments Read More →

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 […]