Notification on the initiation of the procedure of selecting the lawyer and/or law firm/associated law firm, including foreign lawyer/individual or associate law firm, to represent the interests of the Government of Republic of Moldova in arbitral proceedings.
According to the Government Decision no.764 of October 12, 2012 on the representation of the state’s interests before domestic courts, as well as before national and international arbitral tribunals (published on 19.10.2012 in the Official Gazette, nr.216-220), as well as according to the Minister of Justice Orders no.292 of 27 June 2014, regarding the initiation of the proceedings for the selection of the state representative(s) in international arbitral tribunal(s) and nomination of the members of the Government Committee for the selection of such a representative(s) (“the Committee”) in the case: TSIKinvest LLC vs. Republic of Moldova, pending before the Arbitration Institute of the Stockholm Chamber of Commerce.
On 4 June 2014, TSIKinvest LLC raised the existence of an investment arbitration dispute with the Republic of Moldova and has submitted to the Arbitration Institute of the Stockholm Chamber of Commerce a request for arbitration, alleging a violation of the Treaty on the mutual promotion and protection of capital investments entered into by the Government of the Republic of Moldova and the Government of the Russian Federation of 17 March 1998.
TSIKinvest LLC claims that, notwithstanding the fact that it initially made an investment through acquiring a holding of 4.16% in the share capital of a Moldovan bank with the prior written permission of the National Bank of Moldova, subsequently, the National Bank of Moldova established that TSIKinvest LLC is acting in concert with other shareholders of the same bank and ordered the suspension of TSIKinvest LLC’s voting rights and the disposal of its shares within three months, which in the view of TSIKinvest LLC would amount to an unlawful expropriation and deprived it of a fair and non-discriminatory treatment, in breach of Article 3 and 6 of the Treaty on the mutual promotion and protection of capital investments between the Government of the Republic of Moldova and the Government of the Russian Federation of 17 March 1998.
I. Time and place where the selection will be organized.
The selection will be conducted in the building of the Minister of Justice: Republic of Moldova, MD-2012, Chișinău, 31 August 1989 street, no.82, second floor, office 216, on August 1, 2014, at 10:00. The participants and their representatives shall have the right to be present during the opening of the offers.
II. Requirements for candidates:
- Every professional who has an attorney licence, as well as individual or associate law firm and national or international law firm, having the right to represent the clients before the Arbitration Institute of the Stockholm Chamber of Commerce can participate in the selection;
- the foreign law firms or attorneys can participate in the selection only in partnership with attorneys or law firms from the Republic of Moldova;
- the candidates must have an attorney license and the right to plead before the Arbitration Institute of the Stockholm Chamber of Commerce;
- must have experience of representing clients before international arbitral courts;
- must have experience in working with international arbitration law;
- must have participated as a legal representative at least one time within the last 5 years before the arbitrational court in a case related to investment area.
III. Offer evaluation.
Offers will be evaluated confidentially and the offer which will prove to meet the established evaluation criteria and will be the most advantageous, both from a technical and economical point of view, will be selected.
For the evaluation of offers the following advantages of the candidate will be taken into account:
- experience as an attorney of at least 10 years;
- having won at least a case before the Arbitration Institute of the Stockholm Chamber of Commerce or any other Permanent Court of International Arbitration from European Union within the last 5 years;
- having participated as a legal representative within the last 5 years in the international investment disputes settlement before the Arbitration Institute of the Stockholm Chamber of Commerce or any other Permanent Court of International Arbitration from European Union.
IV. General requirements on legal services:
- advising the Government of Republic of Moldova in the case TSIKinvest LLC vs. Republic of Moldova, pending before the Arbitration Institute of the Stockholm Chamber of Commerce;
- analyzing the materials of the case, the legal framework, and identifying relevant solutions for an efficient representation before the Arbitration Institute of the Stockholm Chamber of Commerce;
- acting as the legal representative of the Government of the Republic of Moldova, in the abovementioned case, before the Arbitration Institute of the Stockhlom Chamber of Commerce;
- drafting and preparing all procedural documents required for the most diligent representation in this case, before the Arbitration Institute of the Stockholm Chamber of Commerce;
- consulting with the government of the Republic of Moldova on all measures to be taken and on the defense strategy to be applied;
- informing the government about the evolution of the trial, after each court hearing or procedural action related to the case;
- representing with maximum diligence the government of Republic of Moldova in the arbitral procedure before the Arbitration Institute of the Stockholm Chamber of Commerce.
V. Documents necessary for the selection.
The candidates must submit to the Committee the original or the notarized copy of the following documents, drafted in the state language of Republic of Moldova or translated, in the manner established by law:
a) letter of intention addressed to the Committee;
b) documents proving the capacity of practicing law:
- for lawyers/individual and associate law firms from the Republic of Moldova - copy of the identity card, attorney license of the individual candidate or of the members of the associate law firm and the Fiscal Code Certificate issued by local fiscal offices,
- for foreign lawyers/law firms - copies of constitution and registration documents, certification or professional membership documents etc., according to the local legislation of the state of origin;
c) curriculum Vitae of the domestic/foreign lawyer/law firm to be involved in the provision of the representation services, which includes the description of the relevant experience;
d) description of the history and professional experience of the lawyer/individual or associate law firm;
e) insurance policy or other documents proving that the foreign lawyer/individual or associate law firm are insured against professional responsibility risks
f) the price quotation for the requested services indicating the maximum amount that can be charged for the representation of the interests of the Republic of Moldova until the final solution of the case by the Arbitration Institute of the Stockholm Chamber of Commerce.
The total price will include all professional fees and any other additional expenses (such as taxes and fees to be paid according to the legislation in force, for the provision of the services, as well as expenses related to transportation, accommodation and other expenses (if needed)).
The price structure for the services requested shall be presented in a table specifying for each category of team staff estimated total hours, rate/fee per hour, and total estimated price for the services requested.
A second table will include the breakdown for the additional expenses.
Price for the services requested shall be quoted in euro (EUR).
VI. The following candidates are not eligible for the selection:
- candidates with an experience of less than 3 years
- candidates who submitted an incomplete package of documents or documents that do not meet the requirements described above.
- candidates who have not submitted the documents package before the deadline indicated in pt.VIII.
VII. No fee shall be charged for the participation in the selection.
VIII. Deadline for the application and registration of the relevant documents is: 1 august 2014, 09:00. Documents will be submitted to the following address: Ministry of Justice of the Republic of Moldova, Republic of Moldova, MD- 2012, Chisinau, 31 August 1989 street, nr. 82, first floor, office 128. Contact person Graur Violeta, phone number +(373 22) 201-431, e-mail firstname.lastname@example.org
The offers will be submitted in a sealed envelope by post or by courier to the address indicated above. The following information will be written/printed on the envelope:
Name of the participant “______________________ ”
“Participation in the selection for the representation of the interests of the Republic of Moldova.
IX. The offer shall be valid for 60 (sixty) days starting from the offer presentation deadline.
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