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Opposite results in two SCC emergency arbitrations (Evrobalt v Moldova and Kompozit v Moldova)

Published on: 04 August 2016

Published by a ��˾��ҹ�� Arbitration expert

Table of contents

Practical implications
What was the factual background?
What did the emergency arbitrators decide?
Does the cooling-off period in the treaty bar an application for emergency arbitration?
Do the SCC Rules 2010 apply to disputes arising out of treaties concluded before 2010?
Does a potential award of damages in the main arbitral proceedings eliminate the need for emergency arbitration relief?
What effect does an SCC emergency arbitration award have?

Article summary

Arbitration analysis: Two recent Swedish Chamber of Commerce (SCC) emergency arbitration awards in investment arbitrations against the Republic of Moldova, with different conclusions based on a similar factual and legal background, inject uncertainty regarding the interpretation of conditions for granting interim relief in investment arbitration, while reaffirming positions on certain long-debated issues. Elena Burova at the CIS Arbitration Forum discusses both cases.

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