Energoalians v. Moldova

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Case Details

Year of Filing: 2010

Case Status: Set Aside Concluded

Claimant(s): Energoalians SARL

Respondent(s): Republic of Moldova

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: Energy Charter Treaty, Moldova-Ukraine BIT

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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CJEU Advocate General opines that intra-EU arbitration under ECT conflicts with EU law; contractual claims for money do not qualify as “investment” Mar 3, 2021

CIS Round-Up: Possible claims arising out of the Armenia-Azerbaijan conflict, and an update on disputes involving Russia, Turkmenistan, Kazakhstan, and Moldova Feb 17, 2021

European Court of Justice is asked to weigh in on proper interpretation of the ECT; Paris Court of Appeal agrees to suspend set aside proceedings in Komstroy v. Moldova case so as to consult EU’s highest court Sep 26, 2019

Energy Charter Treaty award is revived by court, re-stoking debate as to whether a “contribution” is an essential feature of an investment- or whether a mere “claim to money” also qualifies Apr 10, 2018

Breaking: Energy Charter Treaty award is set aside in seat of arbitration, as court finds that contract debts did not qualify as a protected investment Apr 13, 2016

Moldova round-up: investment treaty claim is brought by US investors, Zbigniew Piotr Grot and others Mar 23, 2016

In rare outcome, chairman says debts are not protected investment under Energy Charter Treaty, but is out-voted by co-arbitrators in UNCITRAL proceeding Jan 9, 2015

In an obscurely-reasoned holding, arbitrators find Moldova liable for a denial of justice Jan 9, 2015

In previously undocumented Energy Charter Treaty arbitral ruling, a divided tribunal awards $49 million in dispute over electricity supply debts May 30, 2014