In accordance with the Government's Decision no. 764 of 12 October 2012 on the representation of the State's interests before the domestic courts and before the national and international arbitration tribunals (published on 19.10.2012 in the Official Gazette, no. 216-220), the Minister of Justice adopted the Order no. 113 of 15 July 2020 on the initiation of the procedure for the selection of the State's representative(s) in international arbitral tribunal(s) and nomination of the members of the Governmental Committee for the selection of such representative(s) (hereinafter "the Committee") in Komaksavia Airport Invest Ltd vs. Republic of Moldova case, pending before the Arbitration Institute of the Stockholm Chamber of Commerce.
On 20 May 2020, Komaksavia Airport Invest Ltd (legal entity from the Republic of Cyprus) which holds 95% shares in Avia Invest LLC, registered at the Arbitration Institute of the Stockholm Chamber of Commerce a request for arbitration against the Republic of Moldova, alleging the violation of Art. 2 (promotion and protection of investments) and Art. 4 (expropriation) of the Agreement between the Government of Republic of Cyprus and the Government of the Republic of Moldova for the reciprocal promotion and protection of investments, in force as of 27 March 2008.
It should be noted that, by the decision of 25 May 2020 of the emergency arbitrator appointed by the Arbitration Institute of the Stockholm Chamber of Commerce, rejected as unfounded the Komaksavia Airport Invest Ltd's application for interim measures.
Also, in accordance with art.9(1) of the SCC Rules, the Republic of Moldova submitted its observations to the request for arbitration and nominated the respondent's party-appointed arbitrator.
It should be noted that the case is administered through SCC Platform, and the hearings under the present pandemic conditions will be organized online, which will not require the physical presence at the Arbitration Institute of the Stockholm Chamber of Commerce.
I. Time and place of the tender
The tender will be conducted at the Ministry of Justice headquarters, MD-2012, 31 August 1989 Street, no. 82, of. 204, Chișinău, on 3 August 2020, at 10:00 A.M. The participants at the tender have the right to assist at the disclosure of the offers.
II. Requirements for the candidates.
-Every person who holds an attorney license, as well as individual or associated offices, or local or foreign law firms that hold the required qualifications and professional abilities, and the right to plead and to act on behalf of the clients before the international arbitral tribunal can participate in the tender;
-The foreign law firms or attorneys must participate at the tender only in partnership with local attorneys/law firms or associated attorney offices;
-The candidates must hold an attorney license and the right to plead before the Arbitration Institute of the Stockholm Chamber of Commerce;
- The candidates must have experience in representation of the clients before international arbitral courts;
- The candidates must have experience in working with international arbitration law;
- The candidates must submit a statement on their own liability regarding the absence of any affiliation and conflicts of interests with the parties involved in the dispute and with the Avia Invest shareholders; and
- The candidates must have participated as a legal representative at least one time within the last 5 years before the arbitrational court in an investment dispute.
III. Within the tender, the Committee will take into account the following:
The offers will be assessed confidentially. The attorney/law firm whose criteria will meet all the requirements and whose offer will be the mostly advantageous from a technical and economic point of view will be selected.
In assessment of the offers, the Committee will take into account the following:
- experience as an attorney of at least 10 years;
- at least one case won before the Arbitration Institute of the Stockholm Chamber of Commerce or any other permanent arbitral institution from the European Union within the last 5 years; and
- participated as a legal representative in the last 5 years in the international investment disputes settlement before the Arbitration Institute of the Stockholm Chamber of Commerce or any other permanent arbitral institution from the European Union.
IV. General requirements on legal services
-Advising the Republic of Moldova in Komaksavia Airport Invest Ltd vs. Republic of Moldova case, pending before the Arbitration Institute of the Stockholm Chamber of Commerce.
- Analyzing the materials of the case, the legal framework, and identifying the relevant solutions for an efficient representation before the Arbitration Institute of the Stockholm Chamber of Commerce;
- Representing the Government of Republic of Moldova in the above-mentioned case, pending before the Arbitration Institute of the Stockholm Chamber of Commerce;
- Drafting, preparing and submitting all procedural documents that are necessary for this case with maximum diligence;
- Consulting, in advance with the Republic of Moldova, all the motions and pleadings to be submitted, as well as the defense strategy;
- Informing the Government about the evolution of the case after each hearing and procedural action; and
- Acting with maximum diligence when representing the Government of the Republic of Moldova before the Arbitration Institute of the Stockholm Chamber of Commerce.
V. Documents necessary for selection.
The package of documents submitted with the Committee must include the following documents in original, drafted in the national language of the Republic of Moldova or translated in the manner established by law:
a) letter of intention addressed to the Committee
b) documents that prove the legal capacity for practicing law:
-for lawyer(s) and the law office(s) from the Republic of Moldova: copies of identification act(s), attorney's license and/or the attorney's license of all members of the office, and a copy of Fiscal Code Certificate issued by local fiscal offices:
-for foreign lawyer(s)/law office(s): copies of registration, constituent acts or other attestations, professional membership acts etc., in accordance with the legislation of the respective state;
c) Curriculum Vitae of the national/foreign lawyer(s)/law office(s) that must include a general description of the candidate and professional experience;
d) The legal background and the professional experience of the law office/associated law office, irrespective whether it is local of foreign;
e) The relevant documents confirming that the local/foreign lawyer or associated law office/ foreign law office hold a Professional Liability Insurance;
f) The offer shall include legal costs calculated in Euro (EUR). The office must indicate the maximum amount that can be charged for the representation of the interests of the Republic of Moldova until the final solution of the case by the Arbitration Institute of the Stockholm Chamber of Commerce.
The offer shall include both attorney's fees and additional costs (e.g. all the taxes in accordance with the current legislation, for the purpose of performance of legal services, costs for translation and printing).
The travel, expert, witness costs and arbitration fees will not be included in the offer.
The price structure for the legal services shall be presented in a table nominating each member of the working staff, the estimated number of working hours / the fees per hour, and the total amount estimated for legal services.
The amount for additional expenses shall be included in a separate table.
The price for the legal services shall be indicated in Euro (EUR).
VI. The following candidates will not be considered in the selection proceedings
- candidates who have a legal experience of less than 3 years;
- candidates who submitted an incomplete package of required documents or whose documents do not fulfill the above-mentioned requirements;
- candidates who did not submit the package of required documents within the deadline indicated at p. VIII
VII. The candidates are not required to pay the participation fee.
VIII. Deadline for the application and registration of the relevant documents is 3 August 2020, at 09:00 A.M., at the Ministry of Justice headquarters: 31 August 1989 Street, no. 82, MD-2012, at the first floor, off. 128 (secretary). Phone: 0-22 201-431. Contact person is Constantin CACHIŢA. e-mail constantin.cachita@justice.gov.md.
The offers shall be submitted in a sealed envelope, either by courier or by post services, at the address and within the deadline indicated above.
Name of the candidate "____________"
Participation at the selection for representing the interests of the Republic of Moldova
To not be opened until 3 August 2020, 10:00 A.M. To be opened by the Selection Committee only
IX. The offer shall be available for 60 days, starting from the deadline mentioned above.
State Secretary,
Chairman of the Committee Dorin LIȘMAN
Secretary of the Committee Daniel PANTEA