Analysis: ICSID/ECT tribunal considers it inefficient to bifurcate Hungary’s objections concerning alleged criminality of underlying asset and whether arbitral award constitutes a protected investment

March 17, 2025Central/Eastern Europe, Energy Charter Treaty, ICSID (World Bank)
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Lithuanian Supreme Court declines to stay domestic court proceedings pending outcome of parallel intra-EU ICSID arbitration, signaling state’s intention to deny recognition and enforcement of ICSID award

March 7, 2025Annulment and Court Review of Awards, Central/Eastern Europe, ICSID (World Bank), Intra-European Union, SCC Rules (Stockholm)
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Analysis: In Ahron Frenkel v. Croatia, ICSID tribunal majority applies doctrines of res judicata and abuse of process to dismiss case; dissenter opines that claimant was denied access to justice

March 3, 2025Central/Eastern Europe, ICSID (World Bank)
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State-owned Slovenian and Bosnian power generation companies agree to implement trio of UNCITRAL awards, with additional 65-million-EUR payment due by the Bosnian side; parallel ICSID arbitration reportedly to be discontinued mid-2025

February 5, 2025Central/Eastern Europe, Energy Disputes, ICSID (World Bank), Payment of Awards, UNCITRAL and Ad-Hoc
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Revealed: UNCITRAL tribunal in Asael Halevi v. Czech Republic dismisses expropriation claim based on lack of valid ownership title over disputed land; claimant’s FET and FPS claims are also rejected

January 15, 2025Central/Eastern Europe, UNCITRAL and Ad-Hoc
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[Updated] Twin tribunals hearing treaty arbitrations against Romania stemming from decades-old cinematographic venture decline jurisdiction over one investor’s claim based on cultural industries exception, while allowing part of second claimant’s case to proceed to the next stage

December 4, 2024Central/Eastern Europe, UNCITRAL and Ad-Hoc
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European Court of Human Rights finds that failure by North Macedonia’s courts to properly address applicant’s arguments in proceedings to enforce ICC award amounts to breach of right to fair trial

November 29, 2024Central/Eastern Europe, Human Rights and Investment Law
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[Updated] Gold miner withdraws challenge to Maxi Scherer in ICSID annulment proceedings stemming from high-stakes mining dispute with Romania

November 18, 2024Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Central/Eastern Europe, ICSID (World Bank), Mining Disputes
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German court declines to enforce costs award in favor of Czech Republic due to intra-EU nature of underlying treaty dispute

October 29, 2024Annulment and Court Review of Awards, Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, Intra-European Union, UNCITRAL and Ad-Hoc
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Revealed: SCC emergency arbitrator hearing sanctions-related dispute with Poland finds that claimants do not meet prima facie threshold to establish qualifying investment under intra-EU BIT, but side-steps sunset clause issue

October 10, 2024Central/Eastern Europe, SCC Rules (Stockholm)
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ICSID ad hoc committee is formed to hear Gabriel Resources’ bid to annul award that dismissed its multi-billion-dollar mining claim against Romania

October 9, 2024Annulment and Court Review of Awards, Central/Eastern Europe, ICSID (World Bank), Mining Disputes
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Analysis: UK court rejects outstanding jurisdictional challenges to Diag Human v. Czech Republic award, finds that business operation as a whole constituted an investment and that Diag held Swiss nationality by virtue of Swiss national’s de facto control

August 12, 2024Annulment and Court Review of Awards, Central/Eastern Europe, UNCITRAL and Ad-Hoc
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Analysis: ICSID Additional Facility tribunal declines Moldova’s request for bifurcation, finding that jurisdictional objections ratione personae are not prima facie serious

July 29, 2024Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank)
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Analysis: ICSID Additional Facility Rules tribunal declines claimants’ first request for provisional measures, seeing no risk of irreparable harm to investors’ rights

July 26, 2024Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions
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Looking Back: In Pantechniki v. Albania, sole arbitrator Jan Paulsson applied fundamental basis test to fork-in-the-road provision and found that state’s resources must be considered in full protection and security analysis, ultimately dismissing BIT claims stemming from civil unrest

July 25, 2024Central/Eastern Europe, ICSID (World Bank), Looking Back
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Romania Round-Up: Newly-uncovered ICC arbitrations against state entities, novelties in law on state’s representation in international arbitration, and other arbitration-related developments involving the Balkan state

July 23, 2024Central/Eastern Europe, Round-Ups
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Romania lodges LCIA arbitration against Israeli-owned real estate developer, as details of pending intra-EU ICSID claim by same company against the Balkan state come to light

July 17, 2024Central/Eastern Europe, Intra-European Union
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Revealed: Tribunal in LSG v. Romania rules on outstanding quantum issues, awarding 42.2 million EUR plus interest and costs on account of ECT breach

July 2, 2024Central/Eastern Europe, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank)
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Analysis: Newly-released decision in ACF v. Bulgaria reveals tribunal’s reasons for dismissing intra-EU objection, relying on ECT conflict clause

June 26, 2024Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: Tribunal majority in Gabriel Resources v. Romania finds no treaty breach in state’s failure to issue environmental permit for historic gold mine; dissenter opines that politically-motivated process breached FET standard

May 17, 2024Central/Eastern Europe, ICSID (World Bank), Mining Disputes
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Analysis: ICSID tribunal in Al Ramahi v. Hungary finds no denial of justice in regular application of bankruptcy law by Hungarian courts; 8 billion EUR fine was “shockingly disproportionate”, but later corrected by domestic legal system

May 16, 2024Central/Eastern Europe, ICSID (World Bank)
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[Updated] Treaty award that held Poland liable for denial of justice is revived, as Belgium’s Cour de cassation finds that lower court impermissibly reviewed the merits

April 30, 2024Annulment and Court Review of Awards, Central/Eastern Europe, UNCITRAL and Ad-Hoc
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