Following the requirements of the Government’s Decision no. 764 of 12 October 2012on 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 Order no. 95 of 10 April 2023 on the initiation of the proceedings for the selection of the State’s representative(s) in international arbitration tribunal(s) and nomination of the members of the Governmental Committee for the selection of such representative(s) (hereinafter “the Committee”), related to the initiation of the proceedings for the annulment of the court judgments recognizing and granting the forced enforcement on the territory of the USA of the arbitration award rendered by the ad hocarbitral tribunal (Paris, France) of 25 October 2013, as well as in the discovery dispute proceedings.
The general facts of the case can be summarized as follows
On 14 November 2014 the commercial company OOO "Энергоальянс" (LLC Energoalliance), a legal entity incorporated under Ukrainian law, filed a lawsuit against the Republic of Moldova before the United States District Court for the District of Columbia (USA), seeking the recognition and enforcement on the territory of the USA of the arbitration award of the ad hoc arbitral tribunal (Paris, France) of 25 October 2013.
On 23 August 2019 the United States District Court for the District of Columbia (USA) granted the lawsuit of the successors in title of LLC "Energoalliance" (LLC "Komstroy" and LLC SPC "Stileks" (Ukraine)) against the Republic of Moldova and recognized the arbitration award of the ad hoc arbitral tribunal (Paris, France) of 25 October 2013 on the territory of the USA.
On 15 January 2021 the United States District Court of Appeals for the District of Columbia (USA) issued the decision confirming the recognition of the above-mentioned award, and on 16 November 2021 and 7 December 2021 ordered the recovery of damages on behalf of the Republic of Moldova. At the same time, it rejected the request to adjourn the case until a final decision is rendered by the Court of Appeal of Paris (France). Consequently, the creditor LLC SPC Stileks (Ukraine) initiated a discovery dispute against it in the USA.
On 10 January 2023, the Court of Appeal of Paris (France) rendered the final judgment, annulling the award of the ad hocarbitral tribunal (Paris, France) of 25 October 2013.
Therefore, it is necessary to suspend the discovery dispute on the territory of the USA in regard to the arbitration award of the ad hoc arbitral tribunal (Paris, France) of 25 October 2013, and to initiate the proceedings for the annulment of the court judgments recognizing and granting enforcement thereof on the territory of the USA.
I. Time and place of the selection
The selection will be conducted by disclosure of offers at the Ministry of Justice headquarters, MD-2012, 31 August 1989 Street, no. 82, of. 104, Chișinău, on 2 May 2023, at 10:00. The participants at the selection 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 have the necessary qualifications and professional abilities and the right to plead and to act on behalf of the clients before the courts of law in the United States can participate at the selection.
-The foreign law firms or attorneys must participate at the selection only in partnership with local attorneys/law firms or associated attorney offices.
- Candidates must have relevant experience in representation before the USA courts of law and in the procedure of enforcement of arbitration awards.
- Candidates must submit an affidavit concerning the lack of affiliation and conflict of interest with the parties to the dispute;
- Candidates must have participated, at least one time in the last five years, in a similar case.
- Candidates must have a good knowledge of the working language of the USA courts (English).
III. Assessment of offers
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.
The Committee will take into account the following when assessing the offers:
-The experience in the position of attorney, which has to be of at least 5 years.
- If the candidate won the case as representative of the party to the dispute before the USA courts of law.
- If the candidate submitted a reasonable price offer.
IV. General requirements on legal services
-Advising the Republic of Moldova in theforced enforcement proceedings on the territory of the USA of the arbitration award rendered by the ad hoc arbitral tribunal (Paris, France) of 25 October 2013, as well as in the proceedings for the annulment of the court judgments recognizing and granting enforcement thereof on the territory of the USA.
-Analyzing the materials of the case, the legal national and international framework, as well as relevant case law, and finding the relevant solutions for a proper representation before the United States courts of law.
- Representing the Government of Republic of Moldova in the above-mentioned case before the USA courts of law, as well as in the proceedings of enforcing the above-mentioned arbitration award;
-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 that are going to be submitted, as well as the defense strategy.
-Informing the Government about the evolution of the case after each court hearing and procedural action.
- Acting with maximum diligence when representing the Government of the Republic of Moldova.
- Challenging the judgement in the superior courts.
- Other actions.
V. Documents necessary for selection
The package of documents lodged at the Committee shall include the following documents, in original or duly authenticated in the manner provided by law, drafted in Romanian or translated in the manner established by law:
a) letter of intention to the attention of the Committee
b) documents that prove the legal capacity for practicing law:
-for national lawyer(s)/office(s) of lawyers from the Republic of Moldova: copies of identity act(s), lawyer’s license and/or of the office members’ licenses and copy of Fiscal Code Certificate issued by local fiscal offices:
-for foreign lawyer(s)/office(s) of lawyers: copies of registration, constituent acts or other attestations, professional membership acts etc., according to the local legislation of the host state, and the proof of partnership with a national lawyer/office of lawyers
c) Curriculum Vitae of the national/foreign lawyer(s)/office(s) of lawyers that shall include a general description of the relevant professional experience
d) The historic and legal background of the professional experience of the law firm/associated law firm, be it local or foreign.
e) The relevant documents confirming that the local/foreign lawyer or associated law firm/ foreign law firm holds a professional liability insurance.
f) A price offer for the services rendered indicating, in US dollars (USD), the maximum amount that may be requested for the performance of all necessary and useful acts for the purpose of representing the interests of the Republic of Moldova, separately for each level of jurisdiction, until the final settlement of the case before the US courts and the enforcement proceedings.
The total price shall include both attorney's fees and additional costs (e.g. all the taxes and fees in accordance with the current legislation, travel costs, hotels and other costs (as the case may be)).
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.
VI. The following candidates will be not accepted to the selection proceedings
- those having the experience of attorney of less than 3 years;
- those who submitted an incomplete package of required documents or whose documents do not fulfil the above requirements.
- those who have not submitted the package of required documents before the deadline stated at p. VIII
VII. Deadline for the application and registration of the relevant documents is 2 May 2023, at 9:00, at the Ministry of Justice headquarters: 31 August 1989 Street, no. 82, MD-2012, at the first floor, off. 128 (secretary). Phone:+ (373 22) 201-431.
Contact person is Daniel PANTEA, Phone:+ (373 22) 201-407, e-mail: daniel.pantea@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 2 May 2023, 10:00 (Chisinau Time). To be opened by the Selection Committee only.
VIII. The offer shall be available for 60 (sixty) days, starting from the deadline mentioned above.
Secretary of the Committee Daniel PANTEA