Ministry of Justice
Announces the organization and conduct of the procedure for the selection of a law firm/law firm associates, including foreign lawyers/foreign law firms, as a representative of the interests of the Government of Republic of Moldova in foreign legal proceedings
According to the Regulation approved by Government Decision no.764/2012 on the representation of state interests within national and international courts and arbitration institutions (published on 19.10.2012 in the Official Gazette of the Republic of Moldova, no.216-220 ), and in accordance with the Order of the Minister of Justice No. 264 of 11 September 2024 on the organization and conduct of the tender for the selection of representatives of state interests in international arbitration institutions and the designation of the nominal composition of the Governmental Committee for the selection of representatives of state interests in international arbitration institutions (hereinafter - the Committee ), in connection with initiation of international appeal proceedings before the international sports bodies, including the Court of Arbitration for Sport in Lausanne, Switzerland, against the jury's decisions that led to the downgrading of the athlete Marian ROBU in the weightlifting event held on August 9, 2024 at the Olympic Games in Paris, France.
General data relevant to the case can be summarized as follows
On August 9, 2024 the athlete Marin ROBU participated in the Olympic competition (Olympic Games – Paris 2024) in the weightlifting event, reserved for the weight category up to 89 kg, male. At the end of the competition, Marin ROBU completed the clean and jerk exercise by lifting 208 kg, which was added to the 175 kg completed the snatch exercise, obtaining a total of 383 kg. Following the jury's decision, the athlete Marian ROBU was demoted. The President of the Weightlifting Federation of the Republic of Moldova, Antonio CONFLITTI, filed the appeal according to the prescribed procedure. Based on the submitted appeal, the necessary actions will be taken in the sports arbitration courts.
I. Time and place of the tender
The tender will be held by opening of the offers on the premises of the Ministry of Justice of the Republic of Moldova: MD - 2012, Chisinau mun., 31 August 1989 str., no. 82, office 104 on September 30, 2024, at 10:00.A.M. The participants at the tender have the right to assist at the disclosure of the offers.
II. Requirements for the candidates.
- any natural person who holds a lawyer's license, law firms/associate law offices in partnership with foreign companies/law offices that have the required qualification and professional skills and also the right to exercise the profession of lawyer, can plead and act on behalf of their clients and represent them in international sports arbitration;
- have experience as a lawyer for at least 3 years;
- have experience of representation before international sports arbitration institutions;
- knowledge of the working languages of the Court of Arbitration for Sport in Lausanne, Switzerland;
III. Within the tender, 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.
In assessment of the offers, the Committee will take into account the following:
- experience as a lawyer of at least 5 years;
- experience as a lawyer in sports arbitration courts, including before the Court of Arbitration for Sport in Lausanne, Switzerland, in similar disputes;
- a reasonable price offer will be presented.
IV. General requirements on legal services
- provision of legal assistance to the Republic of Moldova before international sports bodies, including the Court of Arbitration for Sport in Lausanne, Switzerland, in connection with the initiation of international proceedings to appeal against the decisions of the jury that led to the downgrading of the athlete Marian ROBU in the Weightlifting event held on the August 9, 2024 at the Olympic Games in Paris, France;
- analysis of case materials, related legislation, as well as relevant jurisprudence and identification of legal solutions for effective representation before the Court of Arbitration for Sport in Lausanne, Switzerland;
- participation, as a representative of the Government in the aforementioned case at the Court of Arbitration for Sport in Lausanne, Switzerland;
- preparation, drafting and presentation of all procedural documents necessary for the exercise of the duties of representation with maximum diligence;
- consultation with the Republic of Moldova on the positions and actions to be taken on the respective case;
- informing the represented party about the progress of the process, after each meeting or procedural action;
- applying maximum diligence and prudence to ensure representation of interests of the Republic of Moldova in the best conditions.
V. List of documents necessary for the participation
The set of documents for participation in the call for applications, addressed to the Committee, must include the following documents, in original or authorized in compliance with the legislation, drawn up in Romanian or translated in compliance with the legislation:
a) The letter of intention addressed to the Committee;
(b) documents that prove the legal capacity for practicing law:
- for law firms/associate law firms of lawyers from the Republic of Moldova: copies of the identity card, the license of the lawyer and/or of the members of the associated law firm and the certificate of assignment of the tax code issued by the tax authority where they have declared their registered office;
- for foreign lawyers/companies of foreign lawyers: the documents of incorporation and registration, of attestation or professional membership, in accordance with the provisions of the legislation of the country of origin;
- proof of partnership with a law firm/associate firm of lawyers in the Republic of Moldova;
c) curriculum vitae (CV) of the foreign lawyer/members of the law firm who will be involved in the provision of representation services, with a description of relevant experience;
(d) affidavit relating to the absence of affiliation and conflict of interest with the parties involved in the litigation
e) presentation of the track record and professional experience of the law firm/associate law firm, local and foreign law company;
(f) documentary evidence that the foreign lawyer/associate lawyer/foreign law firm/foreign law company has valid professional liability insurance;
(g) the price quotation for the services rendered indicating, in euro (EUR), the maximum amount that may be requested for the performance of all necessary and useful acts in order to represent the interests of the Republic of Moldova until the final/irrevocable settlement of the case at the Court of Arbitration for Sport in Lausanne, Switzerland.
The offer 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 expenses shall be included in a separate table.
VI. The following candidates will not be considered in the selection proceedings
- who have less than 3 years' practice as a lawyer;
- who have not submitted the required set of documents in full or whose submission does not comply with the requirements;
- who have not submitted the set of documents required for admission to the competition within the time-limit laid down in point. VII.
VII. Deadline for the application and registration of the relevant documents is
September 30, 2024, 09:00 A.M., at the Ministry of Justice headquarters of the Republic of Moldova: MD - 2012, mun. Chisinău, str. 31 August 1989, nr. 82, et. 1, bir. 128 (secretary), tel. + (373 22) 201-431.
Contact person 1: Alina GHEȚIU, Secretary of the Committee, tel (022) 20-14-14, e-mail: alina.ghetiu@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
To not be opened before 10:00 A.M., Chisinau time, September 30, 2024. To be opened only by the Committee.
VIII. The offer shall be available for 60 days, starting from the deadline mentioned above.