FisherBroyles Partner Gene Burd was recognized by Law360 and Global Arbitration Review for his success in representing a claimant in the enforcement of an investment arbitration award against Republic of Moldova.Jan 21, 2021
- FisherBroyles News
In the case stemming from the supply of electricity from Ukraine to Moldova in the 1990s, a U.S. court of appeals upheld enforcement of the US$58 million Energy Charter Award. In the USCA opinion on January 15, 2021, the D.C. Circuit rejected Moldova’s jurisdictional arguments and found that the Republic of Moldova failed to present any evidence supporting its contention that there is a “high probability” that the award will be set aside. The court has held that it has no authority to question the jurisdiction of an arbitral tribunal where there is a “clear and unmistakable evidence” that the parties agreed to refer this question to the arbitrators to decide. The court found that Moldova’s signature under the Energy Charter Treaty empowers the arbitrators to decide the question of jurisdiction.
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