SALC Law firm in Stockholm, Sweden, a member of the GA, acting through lawyers Dan Engström and Elin Nilsson, have successfully represented the Republic of Moldova in an Investor-State dispute.
On February 14, 2025, the Svea Court of Appeal in Stockholm, (Sweden), rejected the application filed by Komaksavia Airport Invest Ltd (“Komaksavia”) against the Republic of Moldova regarding the set-aside of an arbitral award of August 3, 2022, issued by an arbitral tribunal under the Rules of the SCC Arbitration Institute (previously the Arbitration Institute of the Stockholm Chamber of Commerce).
The dispute began following Komaksavia’s claims regarding its alleged investment in Avia Invest SRL, the – at that point in time – concessionaire of Chisinau International Airport. In May 2020, Komaksavia initiated arbitration against the Republic of Moldova, claiming that the state had acted discriminatory and in breach of it’s undertakings under the BIT, interfered with Komaksavia’s alleged investment, which the Republic of Moldova contested. In August 2022, the arbitral tribunal found that Komaksavia had not made a protected investment under the bilateral investment treaty (between the Republic of Cyprus and the Republic of Moldova) and dismissed Komaksavia’s claim on the basis of lack of jurisdiction.
The losing party Komaksavia brought the matter to the Svea Court of Appeal for revision under the Swedish Arbitration Act, claiming that the award should be set-aside.
The Svea Court of Appeal however fully accepted the position of the Republic of Moldova, represented by SALC LAW FIRM, and ordered Komaksavia to pay all the state’s legal cost
The client, the Republic of Moldova, has expressed its great satisfaction over the representation and outcome of the matter. SALC is, of course, very satisfied with the outcome even if there is room, limited but still room, for the Swedish Supreme Court to grant leave to appeal.
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