Spoldzielnia Pracy “Muszynianka” v. Slovakia

You are not logged in. If you are a subscriber, please Login to view additional case details. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Case Details

Year of Filing: 2016

Case Status: Arbitral Phase Concluded

Claimant(s): Spoldzielnia Pracy “Muszynianka”

Respondent(s): Slovak Republic

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: Poland-Slovakia BIT

Arbitral Tribunal

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

You are not logged in.

Major Developments

Key Decision:

You are not logged in.

Counsel

Counsel for Claimant:

You are not logged in.

Counsel for Respondent:

You are not logged in.

Analysis: Tribunal majority in Muszynianka v. Slovakia applied proportionality analysis to find that Slovakia’s constitutional amendment on water resources did not breach the Poland-Slovakia BIT; all three arbitrators found fault with certain administrative delays, but damages claim foundered due to lack of causation Oct 30, 2020

UNCITRAL award in mineral water dispute with Slovakia comes to light Oct 29, 2020

Breaking: Arbitrators in Slovakian mineral water dispute find that the permit process breached the FET and non-impairment standards, but causation is wanting; tribunal splits on assessment of Constitutional Amendment Oct 7, 2020

After ECJ ruling in Achmea case, a Kaufmann-Kohler chaired tribunal rejects a belated bifurcation bid in Spoldzielnia Pracy “Muszynianka” v. Slovakia case May 10, 2018

Kaufmann-Kohler tapped to chair UNCITRAL BIT arbitration arising out of mineral water export scheme Feb 17, 2017

Arbitrator Stanimir Alexandrov steps aside in face of challenge in intra-EU BIT case Dec 16, 2016

Investor makes good on threat to file BIT arbitration over cross-border water export project – and sees its arbitrator nominee swiftly challenged Oct 18, 2016

Frustration of investor’s intra-EU water export scheme leads to notice of investment treaty breach Aug 2, 2016