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Moldova to ratify convention on the settlement of investment disputes between states and nationals of other states

8 september 2010, 16:48 print out copy link The link has been copied to the Clipboard

Moldova’s government at the meeting on Wednesday approved the ratification of this document, signed in Washington on March 18, 1965. Our country joined it on August 12, 1992. According to Deputy Premier, Minister of Economy Valeriu Lazar, the ratification of this Convention will favor soonest and effective disputes settlement between the investors from different states. This document coming into force will increase Moldova’s rating in attraction of foreign investments, provide higher investors security in the process of investment in the country. The Washington Convention on the Settlement of Investment Disputes Between States and Nationals of other States was elaborated on the initiative and within the International Bank for Reconstruction and Development (IBRD), and entered into force on October 14, 1966. More than 100 states take part in the international agreement. For other category of investment disputes, namely between state and nationals or organizations of other states, the Convention stipulated the creation of the special arbitration body – the International Center for Settlement of Investment Disputes under the IBRD.

The purpose of the Center shall be to provide the settlement by means of conciliation and arbitration of investment disputes between the corresponding entities. According to the abbreviation, widespread in the global literature, this Center is usually called ICSID - International Centre for Settlement of Investment Disputes. “The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.” Besides, the Convention provides for “no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration.” According to the Article 63 of the Convention, conciliation and arbitration proceedings between the State-participant of the Convention and investor may be held by the other body of arbitration, if any indicated in their arbitration agreement. Thus, this international agreement can’t be considered as establishing the obligatory jurisdiction and confirms the general principle of arbitration voluntariness. The ICSID concludes the agreements with some regional arbitration centers, on the basis of which the latter render the conciliation and arbitration services according to the Convention rules.

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