Following the requirements of 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 Order no. 33 of 2 April 2021 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") in the action lodged by LLC Energoalliance (Ukraine) versus the Republic of Moldova on the recognition and enforcement of the ad hoc arbitration award (Paris, France) of 25 October 2013 on the territory of the United States of America.
On 23 August 2019 the United States District Court for the District of Columbia (the USA) admitted the action filed by LLC Energoalliance (the successor LCC Komstroy/LLC SPC Stileks (Ukraine)) versus the Republic of Moldova and recognized the ad-hoc arbitration award (Paris, France) of 25 October 2013 on the territory of the United States of America, awarding the amount of USD 58 591 058,50 to be paid from the State budget in the benefit of LLC Energoalliance.
Disagreeing with that decision, on 30 August 2019 the State representative in the first court lodged an appeal before the United States Court of Appeals for the District of Columbia Circuit.
On 15 January 2021 the United States Court of Appeals for the District of Columbia Circuit (the USA) issued its decision, recognizing the ad-hoc arbitration award (Paris, France) of 25 October 2013 on the territory of the United States of America. However, it sent the case for a fresh examination by the first court, in the part concerning the amount to be awarded from the State budget of the Republic of Moldova.
I. Time and place of the selection
The selection will be conducted at the Ministry of Justice headquarters, MD-2012, 31 August 1989 Street, no. 82, of. 204, Chișinău, on 30 April 2021, 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 representing the State before international courts.
- 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 court in which the dispute is examined.
III. During the selection, 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.
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 an international court or an arbitral institution in the United States in the last 5 years.
- If the candidate has previously participated as representative in litigations concerning State's liability
- If the candidate participated in cases concerning State immunity.
- If the candidate participated in cases concerning recognition and enforcement of foreign judgements, arbitration awards etc.
IV. General requirements on legal services
-Advising the Republic of Moldova in the case of LLC Energoalliance (LLC SPC Stileks) against the Republic of Moldova, pending before the United States District Court for the District of Columbia.
-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 District Court for the District of Columbia.
- Representing the Government of Republic of Moldova in the above-mentioned case, pending before the United States District Court for the District of Columbia.
-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 before the United States District Court for the District of Columbia.
- Challenging the judgement in the superior courts.
V. Documents necessary for selection
The package of documents lodged at the Committee shall 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 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.
c) Curriculum Vitae of the national/foreign lawyer(s)/office(s) of lawyers that shall include general description and professional experience
d) The 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) The offer, which shall include legal costs calculated in Dollars (USD), the maximum amount for legal services, which shall include all the legal activities, all the relevant requests, statements and other documents drafted at each procedural step for the purpose of solving the current issue, until the finalization of the current case.
g) The offer shall separately include the representation of the interests of the Republic of Moldova before the United States District Court for the District of Columbia, and the challenge of the judgement before the higher court.
The offer price 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, including travel costs, hotels and other costs)
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 outlays shall be included in a separate table.
The price for the current services shall be shown in dollars (USD).
VI. The following candidates will be not inscribed into the selection proceedings
- those having a legal experience 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 29 April 2021, at 16:00 , at the Ministry of Justice headquarters: 31 August 1989 Street, no. 82, MD-2012, at the first floor, off. 128 (secretary). Phone: + (373 22) 69549145. Contact person is Daniel PANTEA, 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 30 April 2019, 10:00. To be opened by the Selection Committee only
VIII. The offer shall be available for 60 days, starting from the deadline mentioned above.
State Secretary,
Chairman of the Committee Tatiana TVERDUN
Secretary of the Committee Daniel PANTEA