Ministry of Justice announces the organization and conduct of a new competition for the selection of a law firm/associate law office, including foreign lawyers/foreign law firms, for the representation of the interests of the State Enterprise „State Road Administration”

in accordance with the Regulations approved by Government Decision No. 764/2012 regarding the representation of the state’s interests in judicial courts and national and international arbitration institutions (published on 19.10.2012 in the Official Gazette of the Republic of Moldova, No. 216-220), and in compliance with the Order of the Minister of Justice No. 115 of April 25, 2024, regarding the organization and conduct of the competition for the selection of a law firm or associate law office, 

for the representation of the interests of the State Enterprise „State Road Administration” in front of the International Arbitration Tribunal, according to the UNCITRAL rules, 

The selection committee announces this competition under the following conditions.

General Information Regarding the Case:

On January 31, 2019, a Contract No. RSP/W9/05 „Construction of the bypass road of Slobozia Mare village” was signed between METAG Inşaat Ticaret A.Ş. as the Contractor and the State Enterprise „State Road Administration” as the Beneficiary.

The contract for works concluded between the State Enterprise „State Road Administration” and the awarded contractor is executed based on FIDIC standards (Conditions for Construction Contracts, Harmonized Edition of the Multilateral Development Bank, March 2006, supplemented and modified under the Special Conditions of the Contract). According to the provisions of this contract, any disputes that may arise from the execution of the contract are resolved in front of the International Arbitration Tribunal (Ad hoc), in accordance with the UNCITRAL arbitration rules, with the substantive law being the law of the Republic of Moldova.

Thus, construction works started on May 27, 2019, with a completion deadline set for May 26, 2022. However, due to delays caused by the COVID-19 pandemic, as well as unfavorable weather conditions, the completion deadline was extended by 215 calendar days following a decision issued by the Supervision Company. Therefore, the construction works were to be completed by April 20, 2023, during which the Beneficiary returned 914,219.94 EUR of the amounts withheld from payment certificates in exchange for an additional bank guarantee, an action undertaken to provide real support for the execution and completion of the national road.

Following the Contractor's request not to apply the advances' recovery deductions from the Interim Payment Certificates, on September 22, 2023, by letters No. 11-11/6066 and No. 11-11/6067, the Beneficiary requested the „Muganbank” OJSC bank to collect the bank guarantees for the advance payments.

Subsequently, „State Road Administration” was informed that by Decision No. 50 of October 18, 2023, the „Muganbank” bank, the issuer of the bank guarantees in favor of Metag Inşaat Ticaret S.A., had its banking license revoked, and was also in insolvency procedures, as declared by Decision No. 2-3 (103)-54/2023 of the Administrative Cases Collegium of the Baku Court of Appeal, on October 24, 2023.

Given this fact, the State Enterprise „State Road Administration” requested Metag Inşaat Ticaret S.A. to provide bank guarantees for the withheld amounts, advance guarantees, and performance guarantees, issued by a reputable commercial bank, included in the list of acceptable banks by the international financial institution financing the project. This request was not fulfilled by the Contractor.

Thus, in accordance with contractual provisions and the reasons presented, on November 17, 2023, the „Sate Road Administration” has terminated the Contract RSP/W9/05 „Construction of the bypass road of Slobozia Mare village, km 0+000 – km 18+290.”

On November 22, 2023, the State Enterprise „State Road Administration” requested the „Muganbank” OJSC to collect the bank guarantee for the withheld sums and the performance guarantee. This was not executed by the bank.

Thus, given that following the termination of the contract, the Contractor owes the Beneficiary the amount of at least EUR 2,956,863.63, of which EUR 2,140,641.15 is the amount of the advance not recovered from the Contractor, and other amounts owed by the Contractor to the Beneficiary have not yet been quantified, the State Enterprise "State Road Administration" is to initiate an arbitration process before the Permanent Court of Arbitration in The Hague, according to the UNCITRAL rules, the substantive law being that of the Republic of Moldova, in order to recover the money owed.

I. Date, Time, and Place of the Competition

The competition will take place at the Ministry of Justice of the Republic of Moldova.

Date: June 16, 2025 at 10:00 AM

Place: MD - 2012, Chișinău, 31 August 1989 St., No. 82, office 104.

Participants in the competition or their representatives have the right to attend the opening of the bids.

II. Requirements for the Candidate(s)

• Any individual lawyer holding a license to practice law, as well as individual or associate law offices or local or foreign law firms with the necessary professional qualifications and the right to practice law, plead, and represent clients in international arbitration, may participate in the competition.
• In the case of foreign lawyers/foreign law firms, it is mandatory for them to participate in the competition in partnership with law offices/associate law firms from the Republic of Moldova.
• Experience in representing and applying the UNCITRAL rules in front of international arbitration institutions.
• Experience in the field of international arbitration regulations.
• Experience in FIDIC contracts (Conditions for Construction Contracts, Harmonized Edition of the Multilateral Development Bank, March 2006, supplemented and modified under the Special Conditions of the Contract).
• Proficiency in English at C1 level.

III. Evaluation of Bids

Bids will be examined confidentially, and the winning bid will be the one that meets the evaluation criteria and is the most advantageous from a technical and economical point of view.

The following will be considered assets in the evaluation:

• More than 5 years of experience as a lawyer.
• Success in representing cases in front of the Permanent Court of International Arbitration, The Hague, Netherlands, or another permanent international arbitration institution.
• Presentation of a reasonable price offer.

IV. General Requirements for the Provision of Services

• Legal assistance to the State Enterprise „State Road Administration” in initiating arbitration proceedings to recover damages caused by the termination of the contract.
• Analysis of case materials, applicable legislation, and relevant jurisprudence and identification of legal solutions for effective representation in front of the International Arbitration Tribunal.
• Representation of the State Enterprise „State Road Administration” in the arbitration proceedings.
• Drafting and presenting all procedural documents necessary for the diligent representation of the interests of the State Enterprise „State Road Administration.”
• Consulting with the State Enterprise „State Road Administration” on positions and actions to be taken in the case.
• Informing the represented party on the progress of the case after each hearing or procedural action.
• Exercising maximum diligence and prudence to ensure the best representation of the interests of the State Enterprise „State Road Administration.”

V. List of Documents for Participation in the Competition

The document set for participation in the competition, addressed to the Selection Committee, must include the following documents, in original or authenticated form as required by law, drawn up in Romanian or translated in accordance with the legal requirements:

a) Signed application to participate in the competition addressed to the Selection Committee;
b) Documents proving the ability to carry out professional activities:

1. For law offices/associate law firms in the Republic of Moldova: copies of the identity card, lawyer's license, and/or those of the associate law firm members, and the tax code certificate issued by the tax authority where the office has declared its location.

2. For foreign lawyers/foreign law firms (in the case of consortia):

- documents of incorporation and registration, as well as certificates attesting professional affiliation or accreditation, issued in accordance with the legal provisions applicable in the country of origin;

- Proof of partnership with a law office/associate law firm from the Republic of Moldova;

c) Curriculum vitae (CV) of the foreign lawyer/members of the law firm involved in providing representation services, including relevant experience;
d) Proof of the knowledge of the English language – C1 level;
e) Declaration of non-affiliation and conflict of interest with the parties involved in the dispute;
f) Documents proving that the foreign lawyer/associate law firm/foreign law firm holds valid professional liability insurance;
g) Price offer for the services to be provided, indicating the maximum amount (in EUR) that can be requested for all necessary and useful actions in representing the interests of the State Enterprise „State Road Administration” until the final resolution of the arbitration case.

h) Offers and accompanying documents translated into Romanian by authorized translation or sworn statement (in the case of consortia).

The total price, presented in a table, will include both the size of the fees and the value of additional expenses (such as taxes and duties in accordance with the applicable legislation, transportation costs, accommodation, and any other potential expenses).

The price structure for additional expenses will be presented separately in another table.

VI. Candidates will not be admitted to participate in the competition if:

-        they have less than 3 years of experience in the legal profession;

-        they have not submitted the complete set of required documents or have not submitted them in accordance with the established requirements;

-        they have not submitted the set of participation documents within the deadline established in point VII.

VII. The deadline for receiving and registering the documents related to the competition.

Date: June 16, 2025 at 09:00 AM

Place: Ministry of Justice of the Republic of Moldova: MD – 2012, Chișinău, 31 August 1989 Street, No. 82, Floor 1, Office 128 (Chancellery), Tel. + (373 22) 201-431.
Contact Person: Alina GHEȚIU, Secretary of the Selection Committee, Tel. (022) 20-14-14, Email: alina.ghetiu@justice.gov.md

Offers and documents should be submitted in a sealed envelope either by mail or by courier, to the indicated address and within the specified deadline. The envelope should be marked with:

Participant's Name “________________________”

Participation in the competition for representing the interests of the „State Road Administration”.

Do not open until 10:00 AM, Chișinău time, June 16, 2025. To be opened only by the Selection Committee.

VIII. The validity period of the offer will be 60 (sixty) days from the deadline for submitting the offer.