Matter
Energoalians (Komstroy) v Republic of Moldova (French Court of Cassation Q 16-16.568)
- 25 October 2003Arbitration
25 October 2003Arbitration
Ad hoc arbitral award rendered in Paris between Energoalians and the Republic of Moldova dated 25 October 2003
- Decision summary
- The tribunal ordered the Republic of Moldova to compensate for breaches of the Energy Charter Treaty obligations to create stable, equitable, favorable and transparent conditions for investors and to ensure fair and equitable treatment.
Supporting details
5 participants12 years, 5 months and 18 days later · 4553 days
- 12 April 2016France
12 April 2016France
Judgment of the Paris Court of Appeal, Division 1, Chamber 1 dated 12 April 2016
Paris Court of Appeal, Division 1, Chamber 1
- Decision summary
- The Paris Court of Appeal annulled the Energoalians arbitral award, holding that an acquired receivable arising from an electricity-delivery contract was not an investment under the Energy Charter Treaty in the absence of a contribution.
Supporting details
2 participantsKomstroy
Republic of Moldova
Paris Court of Appeal, Division 1, Chamber 1
1 year, 11 months and 16 days later · 715 days
- 28 March 2018France
28 March 2018France
Judgment No. 352 F-D of the French Court of Cassation, First Civil Chamber, in case Q 16-16.568 dated 28 March 2018
French Court of Cassation, First Civil Chamber
- Citation
- Arrêt n° 352 F-D
- Decision summary
- The French Court of Cassation quashed and annulled the Paris Court of Appeal judgment in all its provisions and remitted the case to a differently composed panel. It held that the Energy Charter Treaty does not specify contribution criteria for an investment and that the Court of Appeal had added a condition the treaty did not contain.
Supporting details
3 authorities · 8 participantsKomstroy
- Representative
- SCP Ortscheidt (For: Komstroy)
Republic of Moldova
- Representative
- SCP Le Bret-Desaché (For: Republic of Moldova)
French Court of Cassation, First Civil Chamber
- Judge
- Mme Batut
- Judge
- Mr X...
- Judge
- Mme Wallon
Other
- Institutional administrator
- Mme Pecquenard