Energoalians Ltd. v. Moldova, UNCITRAL

>Claimant : Energoalians Ltd.
>Nationality : Ukraine
>Respondent : Moldova
>Procedural rules applied : UNCITRAL (ad hoc)
>Chair : Dominic Pellew
>Arbitrator appointed by Claimant : Mikhail Savranski
>Arbitrator appointed by Respondent : Victor Volcinski
>Invoked instruments : ECT and BIT
>Articles mentioned : Article 10 (12)
, Article 10 (1)
, Article 1 (5)
, Article 1 (6)
, Article 1 (7)
, Article 1 (8)
, Article 2
, Article 13
, Article 26
>Breaches alleged :
- (10.1) No less favourable treatment than that required by international law
> Breaches alleged :
- (10.1) Fair and equitable treatment
> Breaches alleged :
- (10.1) Unreasonable or discriminatory measures
> Breaches alleged :
- (10.1) Stable, equitable, favourable and transparent conditions
> Breaches alleged :
- (10.12) Effective means for the assertion of claims and the enforcement of rights
> Breaches alleged :
- (13.1) Expropriation
>Breaches found :(10.1) Stable, equitable, favourable and transparent conditions
>Case status : Award rendered
>Year of the award or agreement : 2013
>Follow-on proceedings : Pending national court decision on annulment
>Year of registration : 2010

>Subject matter of the dispute: Non-payment of accumulated debt by the State-owned entity Moldtranselectro and by another former partner of Energoalians, for energy supplied
>BIT invoked: Ukraine-Moldova BIT
>Amount claimed:MDL 243,577,971.11
>Amount awarded: MDL 195,547,212
>Valuation method: actual investment
> Interest rate: UNIDROIT Principles of International Commercial Contracts
>Costs of arbitration: USD 340,219
>Award legal costs: Claimant was awarded USD 200,000
>Award costs of arbitration: Costs follow the award