Arbitral Digest

Matter

Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23)

Case no.
ARB/11/23
Seat
France
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 8 April 2013France

    8 April 2013France

    Award dated 8 April 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld jurisdiction and found that Moldova breached the fair and equitable treatment standard in relation to the Chisinau Airport duty-free store. It ordered proposals for restitution and awarded conditional damages, simple interest at the EURIBOR rate, and free transfer of the damages. All other claims and requests for relief were dismissed. Each party was ordered to bear equally the costs and expenses of the arbitration and its own legal fees and costs.

    Supporting details

    5 authorities · 25 participants
    Franck Charles Arif
    Representative
    Dr. Hamid Gharavi (For: Franck Charles Arif)
    Representative
    Ms. Melanie Van Leeuwen (For: Franck Charles Arif)
    Representative
    Ms. Nada Sader (For: Franck Charles Arif)
    Representative
    Derains & Gharavi (For: Franck Charles Arif)
    Representative
    Mr. Jonathan Chevry (For: Franck Charles Arif)
    Representative
    Mr. Vladimir Grosu (For: Franck Charles Arif)
    Republic of Moldova
    Representative
    H.E. Mr. Oleg Efrim (For: Republic of Moldova)
    Representative
    Mr. Lilian Apostol (For: Republic of Moldova)
    Representative
    Mr. Michael M. Ostrove (For: Republic of Moldova)
    Representative
    Mr. Theobald Naud (For: Republic of Moldova)
    Representative
    DLA Piper UK LLP (For: Republic of Moldova)
    Representative
    Ms. Kiera Gans (For: Republic of Moldova)
    Representative
    DLA Piper LLP (US) (For: Republic of Moldova)
    Representative
    Mr. Igor Odobescu (For: Republic of Moldova)
    Representative
    Ms. Carolina Parcalab (For: Republic of Moldova)
    Representative
    ACI Partners (For: Republic of Moldova)
    Representative
    Mr. Ion Paduraru (For: Republic of Moldova)
    Representative
    Mr. Andrian Berengoi (For: Republic of Moldova)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms. Alicia Martin Blanco
    Other

    Authorities cited

    5
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute
    • Agreement between France and Moldova on the Reciprocal Promotion and Protection of Investments (8 September 1997)
      statute
    • International Law Commission Articles on State Responsibility (2001 Articles on Responsibility of States for Internationally Wrongful Acts)
      academic
    • Vienna Convention on the Law of Treaties (1969 Vienna Convention)
      statute
    • Chorzow Factory Case (1927 P.C.I.J. Series A, No. 9)
      case-law

Matter record

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Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23) · Matter