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2011
Arif v. Moldova Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23)
Nationality of the parties
Moldova, Republic of
France
Summary of matters at issue
Ownership of the Moldovan company Le Bridge, which had won a tender to set up and run a network of five duty free stores at the border with Romania; rights under related lease agreements; construction of four duty free stores; related authorizations and licenses.
Claims arising out of the alleged Government interference in the investor's duty-free business at Chisinau Airport and at five border stores with Romania which delayed or prevented the opening of such duty free stores.
Economic sector and subsector
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
47 - Retail trade, except of motor vehicles and motorcycles
Arbitral rules and administering institution
ICSID (International Centre for Settlement of Investment Disputes)
ICSID (International Centre for Settlement of Investment Disputes)
Composition of tribunal
Cremades, B. M.
Hanotiau, B.
Knieper, R.
Status/Outcome of original proceedings
Decided in favour of investor
Decisions rendered
Amount of compensation
27.90 mln EUR (36.30 mln USD)
35.10 mln MDL (2.70 mln USD)
Non-pecuniary relief
IIA breaches alleged/found
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Follow-on proceedings
None
Link to Italaw's case page