Case Details

Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23)

Subject of Dispute:

Duty free concessions
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT France - Moldova 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Franck Charles Arif (French)
Respondent(s):

Republic of Moldova (Moldovan)
Date Registered:

August 23, 2011
Date of Constitution of Tribunal:

December 2, 2011

Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Derains & Gharavi, Paris, France
Respondent(s):

DLA Piper, London, U.K. and Paris, France
Head of the Governmental Agent
Minister of Foreign Affairs and European Integration, Chisinau, Moldova
Minister of Justice, Chisinau, Moldova
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 8, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (April 8, 2013) English (Original)

(a) Original Proceeding

Date	Development
August 23, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
October 28, 2011	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
November 19, 2011	Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
November 23, 2011	Following appointment by the parties, Bernardo M. Cremades (Spanish) accepts his appointment as presiding arbitrator.
December 2, 2011	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Bernardo M. Cremades (Spanish), President, appointed by agreement of the Parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent.
January 31, 2012	The Tribunal holds a first session by telephone conference.
February 3, 2012	The Tribunal issues Procedural Order No. 1, concerning procedural matters and the procedural calendar.
February 15, 2012	The Claimant files a memorial on the merits.
May 31, 2012	The Respondent files a counter-memorial on jurisdiction and the merits.
August 2, 2012	The Claimant files a reply on jurisdiction and the merits.
October 19, 2012	The Respondent files a rejoinder on the merits
October 30, 2012	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 6, 2012 - November 8, 2012	The Tribunal holds a hearing on jurisdiction and merits in Paris.
March 15, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 8, 2013	The Tribunal renders its award.