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Creeping expropriation claim is rejected
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Decisions on transfer of Kornikom’s shares in Rudnik Kovin to the state complied with domestic law and the Privatization Agreement
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Privatization Agency was also justified in terminating the Privatization Agreement due to a breach of social program obligations
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Privatization Agency validly found that claimant had breached the business continuity obligation, due to illiquidity of Rudnik Kovin
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Termination of Privatization Agreement was neither discriminatory, nor prompted by collusion between government and local businessman
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Contract breach may only amount to treaty breach if it involves the exercise of the state’s sovereign power
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Claim that state-owned thermal power plants discriminated against the claimant is not made out on the facts, and, in any event, claimant failed to prove that this conduct is attributable to the state
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Sale of Rudnik Kovin to Kornikom without relevant authorizations, permits, and rights to land does not amount to an indirect expropriation
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Standard to demonstrate an indirect expropriation is “exacting”
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No need to decide whether Privatization Agency’s actions are attributable to Serbia, considering ultimate findings on the merits
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Tribunal briefly verifies that it has jurisdiction over the dispute under the BIT and the ICSID Convention
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Respondent withdraws admissibility objections in post-hearing brief
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Background: Termination of Privatization Agreement for underwater coal mine leads to treaty claim
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