Mr. Iurii Bogdanov v. The Republic of Moldova - Chapter 6 - Investment Arbitration Decisions
About the Editor:
Noah Rubins is a Partner in the Paris office of Freshfields, where he is a member of the international arbitration and public international law groups. Mr. Rubins is a U.S. qualified lawyer and has advised and represented clients in arbitrations under ICSID, ICC, ICDR, SCC and UNCITRAL rules. He specializes in disputes in the former Soviet Union and investment treaty arbitration. In addition to advising clients, Mr. Rubins has served as arbitrator in a range of disputes, conducted under the ICC, ICSID, LCIA, SCC and UNCITRAL rules.
Jeremy Wilson, Freshfields Bruckhaus Deringer, Paris.
Originally from Investment Arbitration Decisions
MR. IURII BOGDANOV V. THE REPUBLIC OF MOLDOVA SCC CASE 93/2004 ARBITRAL AWARD RENDERED ON 22 SEPTEMBER 2005
(1) Jurisdiction under a Bilateral Investment Treaty.
(2) Application of the principle of iura novit curia and failure of Respondent to appear (procedural default).
(3) Application of the fair and equitable treatment standard.
(4) Reimbursement of moral damages.
(1) The Arbitral Tribunal found that it had jurisdiction under the relevant bilateral investment treaty, because:
(a) a dispute exists between the claimant and the government of the Republic; and
(b) the investor meets the criteria set forth in article 1(1) of the BIT, because he is an individual having the nationality of the country of X and making an investment in the Republic.
(2) The Arbitral Tribunal, in applying the law, is not bound by the pleadings made by the parties and may by its own motion apply legal sources or legal qualifications that have not been pleaded by the parties.
(3) In the contractual relationship between the investor and the host state, the investor had legitimate expectations to obtain compensation under the fair and equitable treatment standard of the BIT.
(4) The Arbitral Tribunal observes that the Claimant failed to produce any factual evidence for moral damages and the Arbitral Tribunal rejects the request of reimbursement of moral damages.
VI. Mr. Iurii Bogdanov v. The Republic of Moldova 425 SCC Case 93/2004
Arbitral Award Rendered on 22 September 2005
1) Jurisdiction under a Bilateral Investment Treaty.
2) Application of the principle of iura novit curia and failure of Respondent to appear (procedural default).
3) Application of the fair and equitable treatment standard.
4) Reimbursement of moral damages.
Observations by Jeremy Wilson