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
None - jurisdiction declined
None