PL Holdings v. Poland

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Case Details

Year of Filing: 2014

Case Status: Set Aside Pending

Claimant(s): PL Holdings Sarl

Respondent(s): Republic of Poland

Arbitral Rules: SCC

Legal Instrument: Treaty

Treaty: Belgium-Luxembourg-Poland BIT

Administrative Case Number: SCC Case No. 2014/163

Arbitral Tribunal

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Major Developments

Key Decision:

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Annulment/Set-Aside Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings Feb 4, 2021

Swedish Supreme Court to send Achmea-related question to European Court of Justice Dec 14, 2019

Sweden’s Supreme Court agrees to review Achmea-related effort to set aside BIT award, and to stay its enforcement in interim Apr 15, 2019

Revealed: heretofore-confidential quantum award from PL Holdings v Poland case reveals how damages were quantified Feb 26, 2019

Analysis: a full run-down of the Svea Court of Appeal’s reasoning in the recent PL Holdings v. Poland set-aside decision Feb 23, 2019

Breaking: Svea Court of Appeal upholds (most of) intra-EU award against Poland, finding that state’s Achmea-related objections are time-barred Feb 22, 2019

ANALYSIS: now that first EU court has set aside an intra-EU BIT award due to Achmea ruling, we look at the fate of three other awards Nov 12, 2018

Poland faces another intra-EU BIT case, but also signals its intent to rely on recent European Court ruling in an effort to elude losses Apr 5, 2018

In now-surfaced PL Holdings merits award, restrictions on shareholder voting rights and a divestment order amount to expropriation; actions of Poland’s bank regulator are viewed through lens of proportionality Oct 16, 2017

Poland held liable for $208 million in damages under intra-EU treaty, following divestment order to Luxembourgish banking investor Oct 10, 2017

Poland round-up (part two): Arbitrators weigh in in a pair of (unrelated) cases under the same treaty, with one ruling now being challenged and the other opening path to large pay-off Jul 12, 2017

Two under-the-radar Poland BIT cases near final awards, with claimants alleging mistreatment of banking and gambling investments Nov 17, 2016

Poland claims round-up: at least a dozen investment treaty arbitrations Jul 29, 2015