2019
Schönberger v. Tajikistan
Alois Schönberger v. Republic of Tajikistan
(ICSID Case No. ARB(AF)/19/1)
Tajikistan
Austria
Cotton purchase agreements signed by the claimant’s company incorporated in Hong Kong, Super Perfect Investments Limited, with Tajik company Levakan-M.
Claims arising out of a local bank’s non-payment of bank guarantees to the claimant, allegedly refusing to honour a commercial arbitration award in the claimant’s favour. According to the claimant, Agroinvestbank was involved as a guarantor in a transaction under a cotton purchase contract between the claimant’s company and a Tajik company, which had failed to deliver the purchased goods and to return money paid by the claimant.
Primary: A - Agriculture, forestry and fishing
1 - Crop and animal production, hunting and related service activities
ICSID AF (ICSID Additional Facility)
ICSID (International Centre for Settlement of Investment Disputes)
Alexandrov, S. A.
Webster, T.
Moollan, S.
Decided in favour of State
11.60 mln USD
Data not available
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined
https://icsid.worldbank.org/en/Pages/cases/casedetail.aspx?CaseNo=ARB(AF)/19/1
https://globalarbitrationreview.com/article/1180637/austrian-businessman-takes-on-tajikistan (requires subscription)
https://www.law360.com/articles/1131368/tajikistan-targeted-in-arbitration-by-austrian-businessman
https://www.iareporter.com/articles/after-securing-commercial-award-against-a-tajikistan-bank-austrian-investor-files-an-icsid-arbitration/ (requires subscription)
https://www.iareporter.com/articles/icsid-af-arbitration-against-tajikistan-concludes-with-award/ (requires subscription)
https://www.iareporter.com/articles/analysis-in-schoenberger-v-tajikistan-tribunal-majority-declines-jurisdiction-over-ordinary-purchase-of-goods-transaction/ (requires subscription)
https://globalarbitrationreview.com/article/1180637/austrian-businessman-takes-on-tajikistan (requires subscription)
https://www.law360.com/articles/1131368/tajikistan-targeted-in-arbitration-by-austrian-businessman
https://www.iareporter.com/articles/after-securing-commercial-award-against-a-tajikistan-bank-austrian-investor-files-an-icsid-arbitration/ (requires subscription)
https://www.iareporter.com/articles/icsid-af-arbitration-against-tajikistan-concludes-with-award/ (requires subscription)
https://www.iareporter.com/articles/analysis-in-schoenberger-v-tajikistan-tribunal-majority-declines-jurisdiction-over-ordinary-purchase-of-goods-transaction/ (requires subscription)