In accordance with the Government’s Decision no. 764 of October 12, 2012 concerning the representation of the State’s interests before domestic courts and national and international arbitration tribunals (published on 19.10.2012 in the Official Monitor, no. 216-220), the Secretary of State adopted the Order no. 340 of October 6, 2025 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”) for the recognition and enforcement of a foreign judgment in Ukraine (Judgment of the Court of Appeal of Paris (France) of January 10, 2023).
General information about the case is summarized as follows:
On January 10, 2023, the Court of Appeal of Paris (France) issued a final and binding decision annulling the award of the ad hoc arbitral tribunal (Paris, France) of October 25, 2013, in the case of SPC Stileks (successor in law of LLC Komstroy and LLC Energoalliance (Ukraine) against the Republic of Moldova. The Court established the lack of jurisdiction of the arbitral tribunal due to the absence of an investment protected by the Energy Charter Treaty of 1994. Additionally, in addition to ordering SPC Stileks to pay the court costs, the Court of Appeal also ordered the collection of €250,000.00 in favor of the Republic of Moldova for other legal expenses.
Consequently, the Judgment of the Court of Appeal of Paris (France) of January 10, 2023, must be recognized and enforced in the territory of Ukraine.
I. Time and place of the tender
The tender will be conducted at the Ministry of Justice premises, MD-2012, 82, 31 August 1989 Street, room 204, Chișinău, on 24 November 2025, at 02:00 P.M. Participants in the tender have the right to attend the opening of the offers.
II. Requirements for the candidates.
- Any person holding an attorney license, as well as individual or associated offices, or local or foreign law firms that possess the required qualifications and professional abilities, and the right to plead and act on behalf of clients before the courts of law in Ukraine, may participate in the tender;
- Foreign law firms or attorneys must participate in the tender exclusively in partnership with local attorneys/law firms or associated attorney offices;
- Candidates must have experience in representing clients before international courts;
- Candidates must have participated as a legal representative at least once within the last 5 years in a case involving a similar dispute;
- Knowledge of the working language of the court where the dispute is being examined.
III. Within the tender, the Committee will take into account the following:
The offers will be assessed confidentially. The attorney/law firm whose criteria meet all the requirements and whose offer is the most advantageous from a technical and economic point of view will be selected.
In assessing the offers, the Committee will specifically consider:
- At least one case successfully concluded before international courts or any permanent arbitral institution within the last 5 years;
- Participation in cases involving the recognition and enforcement of court judgments or arbitral awards, etc.
IV. General requirements on legal services
The selected counsel must provide the following services:
- Advising the Republic of Moldova on the recognition and enforcement of the foreign judgment in Ukraine (Judgment of the Court of Appeal of Paris (France) of January 10, 2023), and the subsequent enforcement of the final judgment adopted in Ukraine;
- Analyzing the case materials and the relevant legal framework, and identifying effective solutions for efficient representation before the courts of law in Ukraine;
- Representing the Government of the Republic of Moldova in the above-mentioned case before the courts of law in Ukraine;
- Drafting, preparing, and submitting all necessary procedural documents for this case with maximum diligence;
- Consulting in advance with the Ministry of Justice of the Republic of Moldova on all motions and pleadings to be submitted, as well as the overall defense strategy;
- Informing the Ministry of Justice of the Republic of Moldova about the evolution of the case after each hearing and procedural action;
- Challenging the judgment in the superior courts (if necessary);
- Claiming reimbursement of legal fees in court proceedings;
- Enforcement of the final court decisions adopted by courts in Ukraine.
V. Documents necessary for selection.
The package of documents submitted to the Committee must include the following in original form, drafted in the national language of the Republic of Moldova or translated in the manner established by law:
a) a letter of intent addressed to the Committee;
b) documents proving the legal capacity to practice law:
- for lawyer(s)/law firm(s) from the Republic of Moldova: copies of identification act(s), attorney’s license(s) (including for all members of the office), and a copy of Fiscal Code Certificate issued by local fiscal offices.
- for foreign lawyer(s)/law firm(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 firms(s) that must include a general description of the candidate and their professional experience;
d) Statement on own responsibility concerning the lack of conflict of interest and non-affiliation with the parties to the dispute;
e) An affidavit regarding proficiency in the Ukrainian language;
f) Relevant documents confirming that the local/foreign lawyer or associated law firm/ foreign law firm holds a Professional Liability Insurance;
g) The Financial Offer shall include legal costs calculated in Euro (EUR). The firm must indicate the maximum amount that can be charged for the representation of the interests of the Republic of Moldova for the recognition and enforcement of the foreign judgment in Ukraine (Judgment of the Court of Appeal of Paris (France) of January 10, 2023) (until the final solution of the case) as well as the enforcement of the final judgment adopted in Ukraine.
The offer shall include both attorney's fees and additional costs (e.g. all taxes in accordance with current legislation, for the purpose of performance of legal services, costs for translation and printing).
Note: The total price, presented in a table, will include both the size of the fees and the value of additional expenses (such as taxes and duties in accordance with the applicable legislation, transportation costs, accommodation, and any other potential expenses).
The amount for additional expenses shall be included in a separate table.
The price for the legal services shall be indicated in Euro (EUR).
h) The offers and accompanying documents translated into Romanian through certified translation/under own responsibility (in the case of consortia).
VI. The following candidates will not be considered in the selection proceedings
- Candidates who have less than 3 years of legal experience;
- 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 in Section VII.
VII. The deadline for application and registration of the relevant documents is 24 November 2025, at 09:00 A.M., at the Ministry of Justice headquarters: 31 August 1989 Street, no. 82, MD-2012, at the first floor, room 128 (secretary). Phone: 0-22 201-431. Contact person: Alina GHETIU, e-mail alina.ghetiu@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 24 November 2025, 02:00 P.M. To be opened by the Selection Committee only.
VIII. The offer shall be valid for 60 days, starting from the deadline mentioned above.