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Komstroy (formerly Energoalians) v. Republic of Moldova, UNCITRAL

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Short Name:

Komstroy (formerly Energoalians) v. Moldova

Case Type:
International Investment Agreement (Investor–State)
Applicable Procedural Rules:
UNCITRAL Arbitration Rules (1976)
Seat of Arbitration:
Applicable Treaty:
Energy Charter Treaty (ECT) (1994), Moldova-Ukraine BIT (1995)
Applicable Legal Instruments:
Energy Charter Treaty (ECT)
Economic Sector:
Energy (power Generation)
Outcome:
In Favour of Claimant(s)
Amount of Damages:
US $33,287,269
Other Remedy:
Respondent shall reimburse Claimant the costs, fees and services of its lawyers and the advances on costs paid by Claimant for the costs and fees of the Tribunal.
See case mapped on Investor-State LawGuide

Available documents

13 Oct 2013
Dissenting Opinion of Dominic Pellew (Russian)
Dissenting Opinion of Dominic Pellew (Unofficial English Translation)
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Dissenting Opinion of Dominic Pellew (Russian)
Dissenting Opinion of Dominic Pellew (Unofficial English Translation)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Mikhail Savranski
Respondent appointee
Respondent appointee:
Victor Volcinski
Tribunal/Panel chair
Chair/President:
Dominic Pellew
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Viacheslav Lych, Galina Sineokaya, Vyacheslav Lych & Partners
Respondent's counsel
Mihail Buruiana, Bumiana & Partners
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Dissenting Opinion of Dominic Pellew (Russian)
Dissenting Opinion of Dominic Pellew (Unofficial English Translation)
This summary note is machine-generated. Always consult the original materials.


23 Oct 2013
Award (Russian)
Award (Unofficial English Translation)
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Award (Russian)
Award (Unofficial English Translation)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Claimant appointee:
Mikhail Savranski
Respondent appointee
Respondent appointee:
Victor Volcinski
Tribunal/Panel chair
Chair/President:
Dominic Pellew
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Viacheslav Lych, Galina Sineokaya, Vyacheslav Lych & Partners
Respondent's counsel
Mihail Buruiana, Bumiana & Partners
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award (Russian)
Award (Unofficial English Translation)
This summary note is machine-generated. Always consult the original materials.


14 Nov 2014
Petition to Confirm Foreign Arbitral Award
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Petition to Confirm Foreign Arbitral Award
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Gene M. Burd, Arnall Golden Gregory, Glenn P. Hendrix, Eric D. Olson
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Petition to Confirm Foreign Arbitral Award
This summary note is machine-generated. Always consult the original materials.


12 Apr 2016
Paris Court of Appeal Set-Aside Ruling [I] (French)
Document provided by: IA Reporter
Document Details:
PARTICIPANTS
Paris Court of Appeal Set-Aside Ruling [I] (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Madame Dallery, Madame Quentin de Gromard, Madame Kerner Menay
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Paris Court of Appeal Set-Aside Ruling [I] (French)
This summary note is machine-generated. Always consult the original materials.


28 Mar 2018
Judgment of the French Court of Cassation (French)
Document Details:
PARTICIPANTS
Judgment of the French Court of Cassation (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgment of the French Court of Cassation (French)
This summary note is machine-generated. Always consult the original materials.


17 Oct 2018
Petitioner's Reply to Respondent's Position that the Stay Should Not Be Lifted
Document Details:
PARTICIPANTS
Petitioner's Reply to Respondent's Position that the Stay Should Not Be Lifted
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Petitioner's Reply to Respondent's Position that the Stay Should Not Be Lifted
This summary note is machine-generated. Always consult the original materials.


5 Nov 2018
Submission of Moldavia
Document Details:
PARTICIPANTS
Submission of Moldavia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Submission of Moldavia
This summary note is machine-generated. Always consult the original materials.


13 Nov 2018
Opinion and Order of the US District Court for the District of Columbia
Document Details:
PARTICIPANTS
Opinion and Order of the US District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Christopher R. Cooper
Claimant's counsel
Gene M. Burd, Eric D. Olson, Glenn P. Hendrix, Arnall Golden Gregory
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Opinion and Order of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


23 Aug 2019
Memorandum Opinion of the US District Court for the District of Columbia
Document Details:
PARTICIPANTS
Memorandum Opinion of the US District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Christopher R. Cooper
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorandum Opinion of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


24 Sep 2019
Judgment of Paris Court of Appeal [II] (French)
Document Details:
PARTICIPANTS
Judgment of Paris Court of Appeal [II] (French)
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Audrey LAZIMI, Benoit Le Bars, SELEURL AUDREY LAZIMI AVOCAT
Respondent's counsel
Matthieu Boccon-Gibod, Michael OSTROVE, Théobald NAUD, Séréna SALEM, Lexavoué Paris-Versailles
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Judgment of Paris Court of Appeal [II] (French)
This summary note is machine-generated. Always consult the original materials.


10 Jan 2023
Paris Court of Appeal Decision
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Paris Court of Appeal Decision
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
France
Print reporter
Entities
Document Summary
Paris Court of Appeal Decision
This summary note is machine-generated. Always consult the original materials.


23 Mar 2023
Memorandum Opinion of the United States District Court for the District of Columbia
Document provided by: Jus Mundi
Document Details:
PARTICIPANTS
Memorandum Opinion of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorandum Opinion of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


23 Mar 2023
Order of the United States District Court for the District of Columbia
Document Details:
PARTICIPANTS
Order of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Christopher R. Cooper
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Moldova, LLC SPS Stileks
Document Summary
Order of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

This document is an Order issued by the United States District Court for the District of Columbia in the enforcement proceedings between LLC SPS Stileks and the Republic of Moldova. The procedural posture involves the Petitioner's efforts to execute a previously entered judgment against the Respondent sovereign State under the Foreign Sovereign Immunities Act (FSIA).

The principal legal issue addressed was whether the Petitioner satisfied the statutory prerequisites for executing a judgment against a foreign state under 28 U.S.C. § 1610(c). The Court determined that the Respondent had received proper notice of the Court's prior judgment, entered on December 7, 2021. Furthermore, the Court concluded that a reasonable period of time had elapsed since the entry of that judgment, thereby fulfilling the statutory requirements for enforcement.

In its operative directions, the Court granted the Petitioner's Motion for an Order Authorizing Enforcement of Judgment, permitting the Petitioner to enforce the judgment against the Respondent in any manner consistent with 28 U.S.C. § 1610 and other applicable law. Additionally, the Court granted the Petitioner's Motion to Compel Production of Documents and Answers to Interrogatories, sustaining only an objection to request for production number 16.
12 Jul 2023
Order of the United States Court of Appeals for the District of Columbia Circuit
Document Details:
PARTICIPANTS
Order of the United States Court of Appeals for the District of Columbia Circuit
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Moldova, LLC SPC Stileks
Document Summary
Order of the United States Court of Appeals for the District of Columbia Circuit
This summary note is machine-generated. Always consult the original materials.

This document is an Order issued by the United States Court of Appeals for the District of Columbia Circuit addressing an unopposed motion to hold the appellate proceedings in abeyance. The appeal involves the Republic of Moldova as Appellant and LLC SPC Stileks as Appellee.

Upon consideration of the Appellant's motion, the Court ordered that the case be held in abeyance pending further order. The Court directed the parties to file motions to govern future proceedings within thirty days following the district court's disposition of the Appellant's pending motion for relief under Federal Rule of Civil Procedure 60(b). The Clerk was instructed to transmit a copy of the Order to the district court.
19 Jan 2024
Order of the United States District Court for the District of Columbia
Document Details:
PARTICIPANTS
Order of the United States District Court for the District of Columbia
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Christopher R. Cooper
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Moldova, LLC SPC Stileks
Document Summary
Order of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This Order from the United States District Court for the District of Columbia addresses a motion filed by the Republic of Moldova under Federal Rule of Civil Procedure 60(b). Moldova sought relief from the Court's prior judgments, which had confirmed and authorized the enforcement of an October 2013 arbitral award rendered in favor of the petitioner's predecessor-in-interest. The motion followed a January 2023 decision by the Paris Court of Appeals vacating the underlying arbitral award for lack of jurisdiction, subsequent to an interpretative ruling by the Court of Justice of the European Union regarding the Energy Charter Treaty.

Court's Analysis and Decision

The District Court observed that relief appeared warranted under Rule 60(b)(5), which permits a court to relieve a party from a final judgment based on an earlier judgment that has been reversed or vacated. However, the Court determined that granting such relief immediately would be premature, as the petitioner retained the right to appeal the Paris Court of Appeals' vacatur decision to the French Court of Cassation.

Consequently, the Court concluded that the most prudent course of action was to defer further proceedings until the conclusion of the French appellate process. The Court denied Moldova's motion for relief from judgment without prejudice, allowing for its renewal should the French Court of Cassation uphold the annulment. Furthermore, the Court ordered an immediate stay, prohibiting all enforcement of its prior judgments in the matter until further order of the Court.