Austria

Austria

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2015 Belegging-Maatschappij “Far East” v. Austria B.V. Belegging-Maatschappij “Far East” v. Republic of Austria (ICSID Case No. ARB/15/32) Austria - Malta BIT (2002) ICSID ICSID Investment: Majority shareholding in Meinl Bank, an Austrian private investment bank.

Summary: Claims arising out of criminal investigations brought against claimant's investment, Meinl Bank, and its management during the eight years preceding the claim, allegedly denying the claimant justice and negatively impacting the value of its investment.
Majority shareholding in Meinl Bank, an Austrian private investment bank. Decided in favour of State Austria Malta Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Alexandrov, S. A. - Claimant

Stern, B. - Respondent

Pryles, M. C. - President
200.00 mln EUR (232.80 mln USD) Data not available Arbitrary, unreasonable and/or discriminatory measures

Full protection and security, or similar

Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 30 October 2017 None None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Petrochemical v. Romania Petrochemical Holding GmbH v. Romania (ICSID Case No. ARB/19/21) The Energy Charter Treaty (1994) ICSID ICSID Investment: 96.5% shareholding in RAFO S.A., an oil refinery in Onești, Romania.

Summary:
96.5% shareholding in RAFO S.A., an oil refinery in Onești, Romania. Pending Romania Austria Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Data not available Data not available Data not available Data not available Pending None None None None None None None
2 2019 Schönberger v. Tajikistan Alois Schönberger v. Republic of Tajikistan (ICSID Case No. ARB(AF)/19/1) Austria - Tajikistan BIT (2010) ICSID AF ICSID Investment: Cotton purchase agreements signed by the claimant’s company incorporated in Hong Kong, Super Perfect Investments Limited, with Tajik company Levakan-M.

Summary: 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.
Cotton purchase agreements signed by the claimant’s company incorporated in Hong Kong, Super Perfect Investments Limited, with Tajik company Levakan-M. Pending Tajikistan Austria Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Name not available - President

Webster, T. - Claimant

Name not available - Respondent
19.60 mln USD Data not available Data not available Pending None None None None None None None
3 2019 Strabag and others v. Germany Erste Nordsee-Offshore Holding GmbH, Strabag SE, Zweite Nordsee-Offshore Holding GmbH v. Federal Republic of Germany (ICSID Case No. ARB/19/29) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in offshore wind energy projects in the German North Sea and related permits.

Summary: Claims arising out of the Government’s legislative changes of its renewable energy regime, including for offshore wind energy production, which allegedly caused the claimants to abandon their offshore wind projects.
Investments in offshore wind energy projects in the German North Sea and related permits. Pending Germany Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
4 2018 LSG Building Solutions and others v. Romania Anina Pro Invest Ltd, Core Value Capital GmbH, Core Value Investments GmbH & Co KG Gamma and others v. Romania (ICSID Case No. ARB/18/19) The Energy Charter Treaty (1994) ICSID ICSID Investment: Interest in a photovoltaic power plant located in Romania’s Giurgiu region.

Summary: Claims arising out of certain changes to Romania’s incentive scheme for investments in the renewable energy sector.
Interest in a photovoltaic power plant located in Romania’s Giurgiu region. Pending Romania Austria

Cyprus

Germany

Netherlands
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Fernández-Armesto, J. - President

Johnson, O. T. - Claimant

Dupuy, P.-M. - Respondent
250.00 mln USD Data not available Data not available Pending None None None None None None None
5 2017 Addiko Bank v. Croatia Addiko Bank AG and Addiko Bank d.d. v. Republic of Croatia (ICSID Case No. ARB/17/37) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Kalicki, J. E. - President

Tawil, G. S. - Claimant

Olik, M. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
6 2017 Addiko Bank v. Montenegro Addiko Bank AG v. Montenegro (ICSID Case No. ARB/17/35) Austria - Montenegro BIT (2001) ICSID ICSID Investment: Investments in the banking industry in Montenegro.

Summary: Claims arising out of the legislation, passed by Montenegro in 2015, requiring the conversion into Euros of mortgages held in Swiss Francs.
Investments in the banking industry in Montenegro. Pending Montenegro Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Hanotiau, B. - President

Tschanz, P.-Y. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
7 2017 Erste Group Bank AG and others v. Croatia Erste & Steiermärkische Bank d.d., Erste Group Bank AG, and Steiermärkische Bank und Sparkassen AG v. Republic of Croatia (ICSID Case No. ARB/17/49) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Rigo Sureda, A. - President

Bucher, A. - Claimant

Tomov, L. - Respondent
150.00 mln EUR (180.00 mln USD) Data not available Data not available Pending None None None None None None None
8 2017 Raiffeisen v. Croatia Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia (ICSID Case No. ARB/17/34) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Reed, L. - President

Alexandrov, S. A. - Claimant

Tomov, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
9 2016 ESPF and others v. Italy ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG v. Italian Republic (ICSID Case No. ARB/16/5) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in renewable energy generation enterprise.

Summary: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects.
Investments in renewable energy generation enterprise. Pending Italy Austria

Germany
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Álvarez, H. C. - President

Pryles, M. C. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
10 2016 Kunsttrans v. Serbia Kunsttrans Holding GmbH and Kunsttrans d.o.o. Beograd v. Republic of Serbia (ICSID Case No. ARB/16/10) Austria - Serbia BIT (2001) ICSID ICSID Investment: Art storage contract concluded with the National Museum of Serbia.

Summary: Claims arising out of a contract signed in 2006 between the National Museum of Serbia and the claimant for the storage of the Museum’s art collection during a planned renovation. The Museum allegedly failed to pay over EUR 500,000 in rental fees for the use of the art storage facility that the claimant had constructed in 2007.
Art storage contract concluded with the National Museum of Serbia. Decided in favour of investor Serbia Austria Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Townsend, J. M. - President

Alexandrov, S. A. - Claimant

Landau, T. - Respondent
9.00 mln EUR (10.30 mln USD) 1.70 mln EUR (1.90 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 19 November 2018 None None None None None None
11 2016 UniCredit Bank and Zagrebačka Banka v. Croatia UniCredit Bank Austria AG and Zagrebačka Banka d.d. v. Republic of Croatia (ICSID Case No. ARB/16/31) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in banking services and debt instruments.

Summary: Claims arising out of Croatia’s law on conversion of loans denominated in Swiss francs into loans denominated in euros, requiring the claimants to adjust the respective terms of contract with customers and convert loans.
Investments in banking services and debt instruments. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Reichert, K. - Claimant

Low, L. A. - President

Olik, M. - Respondent
Data not available Data not available Data not available Pending Decision on Jurisdictional Objections dated 12 October 2018 None None None None None None
12 2015 Nabucco v. Turkey Nabucco Gas Pipeline International GmbH in Liqu. v. Republic of Turkey (ICSID Case No. ARB/15/26) Austria - Turkey BIT (1988)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Rights under a contract for the construction and operation of a major natural gas pipeline Nabucco, which was intended to enable gas transit from the Caspian Sea to Europe.

Summary: Claims arising out of the cancellation of a contract for the construction and operation of a major natural gas pipeline Nabucco.
Rights under a contract for the construction and operation of a major natural gas pipeline Nabucco, which was intended to enable gas transit from the Caspian Sea to Europe. Settled Turkey Austria Tertiary: D - Electricity, gas, steam and air conditioning supply

Primary: B - Mining and quarrying
35 - Electricity, gas, steam and air conditioning supply

6 - Extraction of crude petroleum and natural gas
Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding dated 5 November 2015 None None None None None None
13 2015 Strabag v. Libya Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1) Austria - Libya BIT (2002) ICSID AF ICSID Investment:

Summary: Claims arising out of alleged non-payment for services under contracts entered into prior to the revolution in Libya and damages for the alleged theft of equipment post-revolution.
Pending Libya Austria Tertiary: F - Construction 42 - Civil engineering Crivellaro, A. - Claimant

Ziadé, N. - Respondent

Crook, J. R. - President
80.00 mln USD Data not available Data not available Pending None None None None None None None
14 2014 Casinos Austria v. Argentina Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/14/32) Argentina - Austria BIT (1992) ICSID ICSID Investment: Rights under a gambling license granted by the Government of Salta province in Argentina to claimants' local subsidiary, Entretenimientos y Juegos de Azar S.A. (ENJASA).

Summary: Claims arising out of the revocation by an Argentinean province of a license to operate games of chance and lottery held by claimants' local subsidiary under alleged concerns of money laundering.
Rights under a gambling license granted by the Government of Salta province in Argentina to claimants' local subsidiary, Entretenimientos y Juegos de Azar S.A. (ENJASA). Pending Argentina Austria Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities van Houtte, H. - President

Schill, S. - Claimant

Torres Bernárdez, S. - Respondent
62.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Direct expropriation

Indirect expropriation
Pending Decision on Jurisdiction dated 29 June 2018 Dissenting Opinion of Santiago Torres Bernárdez None None None None None
15 2013 EVN v. Bulgaria EVN AG v. Republic of Bulgaria (ICSID Case No. ARB/13/17) Austria - Bulgaria BIT (1997)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Majority shareholding (67 per cent) in two Bulgarian-based electricity and supply companies.

Summary: Claims arising out of alleged actions by Bulgarian regulatory authorities and government agencies in relation to the pricing of electricity and compensation for public obligations in respect to renewable energy.
Majority shareholding (67 per cent) in two Bulgarian-based electricity and supply companies. Decided in favour of State Bulgaria Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Veeder, V. V. - President

Price, D. M. - Claimant

Dupuy, P.-M. - Respondent
850.00 mln EUR (957.80 mln USD) Data not available Data not available None - all claims dismissed at the merits stage Award dated 10 April 2019 Dissenting Opinion by Daniel M. Price None None None None None
16 2012 Gavrilovic v. Croatia Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39) Austria - Croatia BIT (1997) ICSID ICSID Investment: Ownership and operation of a meat processing factory; ownership of related agricultural and grazing land in Croatia.

Summary: Claims arising out of disagreements over claimants' title to agricultural and grazing land for the investor's meat processing business in Croatia that led to unsuccessful domestic litigation for Mr. Gavrilovic and his company and the alleged subsequent statutory expropriation of his lands and commercial properties.
Ownership and operation of a meat processing factory; ownership of related agricultural and grazing land in Croatia. Decided in favour of investor Croatia Austria Secondary: C - Manufacturing 10 - Manufacture of food products Pryles, M. C. - President

Alexandrov, S. A. - Claimant

Scherer, M. - Respondent (replaced)

Thomas, J. C. - Respondent
198.20 mln EUR (231.80 mln USD) 20.20 mln HRK (3.20 mln USD) Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

National treatment
Direct expropriation Award dated 26 July 2018 None None None None None None
17 2011 Loutraki v. Serbia Club Hotel Loutraki S.A. and Casinos Austria International Holding GMBH v. Republic of Serbia (ICSID Case No. ARB/11/4) Austria - Serbia BIT (2001)

Greece - Serbia BIT (1997)
ICSID ICSID Investment: Rights under a licensing agreement regarding the operation of casinos in and around Belgrade.

Summary: Claims arising out of a partnership between the claimants and the Serbian national lottery in the development of a casino in Belgrade.
Rights under a licensing agreement regarding the operation of casinos in and around Belgrade. Settled Serbia Greece

Austria
Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Orrego Vicuña, F. - President

Grigera Naón, H. A. - Claimant

Sekolec, J. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 18 January 2012, pursuant to ICSID Arbitration Rule 44 None None None None None None
18 2009 EURAM Bank v. Slovakia European American Investment Bank AG v. The Slovak Republic (PCA Case No. 2010-17) Austria - Slovakia BIT (1990) UNCITRAL PCA Investment: Acquisition, through EURAM's Slovak subsidiary E.I.C., a.s., of a 51 per cent stake in the health insurance company APOLLO zdravotná poisťovňa, a.s.

Summary: Claims arising out of various legislative measures introduced by Slovakia that allegedly constituted a systematic reversal of the previous liberalisation of the Slovak health insurance market that had prompted the claimant to invest in the Slovak Republic’s health insurance sector.
Acquisition, through EURAM's Slovak subsidiary E.I.C., a.s., of a 51 per cent stake in the health insurance company APOLLO zdravotná poisťovňa, a.s. Decided in favour of State Slovakia Austria Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Greenwood, C. - President

Petsche, A. - Claimant

Stern, B. - Respondent
131.00 mln EUR (178.40 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Transfer of funds
None - jurisdiction declined Award on Jurisdiction dated 22 October 2012

Second Award on Jurisdiction dated 4 June 2014

Award on Costs dated 20 August 2014
None None None None None None
19 2009 EVN v. Macedonia EVN AG v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/10) The Energy Charter Treaty (1994)

Austria - Macedonia, The former Yugoslav Republic of BIT (2001)
ICSID ICSID Investment: Majority shareholding (90 per cent) in an electricity distribution and supply company, EVN Macedonia AD; rights under an agreement for the sale and purchase of State-owned shares in Macedonia's national electricity distributor concluded between the claimant and Macedonia's Ministry of Economy.

Summary: Claims arising out of EVN's acquisition of Macedonia's national electricity distributor and a decision by a domestic court finding the claimant liable for pre-existing debts to ELEM, Macedonia’s state electricity company that used to own the firm, under certain share purchase agreement.
Majority shareholding (90 per cent) in an electricity distribution and supply company, EVN Macedonia AD; rights under an agreement for the sale and purchase of State-owned shares in Macedonia's national electricity distributor concluded between the claimant and Macedonia's Ministry of Economy. Settled North Macedonia Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bernardini, P. - President

Orrego Vicuña, F. - Claimant

Lowe, V. - Respondent
160.00 mln EUR (229.10 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 2 September 2011 None None None None None None
20 2008 Al-Bahloul v. Tajikistan Mohammad Ammar Al-Bahloul v. The Republic of Tajikistan (SCC Case No. 064/2008) The Energy Charter Treaty (1994) SCC SCC Investment: Rights under four hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan.

Summary: Claims arising out of the Government's alleged failure to ensure the issuance of licenses pursuant to several hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan's State Committee for Oil and Gas for four areas (Rengan, Sargazon, Yalgyzkak and East Soupetau) in Tajikistan.
Rights under four hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan. Decided in favour of neither party (liability found but no damages awarded) Tajikistan Austria Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Hertzfeld, J. M. - President

Happ, R. - Claimant

Zykin, I. S. - Respondent
228.00 mln USD
Non-pecuniary relief
0.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause Partial Award on Jurisdiction and Liability dated 2 September 2009

Final Award dated 8 June 2010
None None None None None None
21 2008 Austrian Airlines v. Slovakia Austrian Airlines v. The Slovak Republic Austria - Slovakia BIT (1990) UNCITRAL None Investment: Majority shareholding in a Slovakian airline.

Summary: Claims arising out of the alleged Government's liability for debts of a Slovakian airline in which the claimant had invested and that ceased to operate amidst financial problems.
Majority shareholding in a Slovakian airline. Decided in favour of State Slovakia Austria Tertiary: H - Transportation and storage 51 - Air transport Kaufmann-Kohler, G. - President

Brower, C. N. - Claimant

Trapl, V. - Respondent
Data not available 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
None - jurisdiction declined Final Award dated 9 October 2009 Separate Opinion of Charles N. Brower (Final Award) None None None None None
22 2007 Adria Beteiligungs v. Croatia Adria Beteiligungs v. Croatia Austria - Croatia BIT (1997) UNCITRAL PCA Investment: Rights under two joint venture agreements concluded with the state-owned Croatian Lottery to exploit gaming arcades and casinos in Croatia.

Summary: Claims arising out of the termination of the claimant's concession to operate casinos and gambling halls in Croatia, in the context of Croatia's war of independence in 1991.
Rights under two joint venture agreements concluded with the state-owned Croatian Lottery to exploit gaming arcades and casinos in Croatia. Decided in favour of State Croatia Austria Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Hobér, K. - President

Kaplan, N. - Unknown

Sikiric, H. - Unknown
80.00 mln EUR (107.60 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Award dated 21 June 2010 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Ruling on the Application to Set-Aside the Award by the Hague Court dated 15 August 2012 (Judicial review by national courts) None None
23 2007 ALAS International v. Bosnia and Herzegovina ALAS International Baustoffproduktions AG v. Bosnia and Herzegovina (ICSID Case No. ARB/07/11) Austria - Bosnia and Herzegovina BIT (2000) ICSID ICSID Investment: Majority shareholding in a newly-privatized Bosnian cement manufacturing company.

Summary: Claims arising out the alleged Government's failure to prevent a local State-owned company from breaching a long-term supply agreement with ALAS’s local subsidiary.
Majority shareholding in a newly-privatized Bosnian cement manufacturing company. Settled Bosnia and Herzegovina Austria Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Weil, P. - President

Schwebel, S. M. - Claimant

Vasiljević, M. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 27 December 2007, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
24 2007 Alpha Projektholding v. Ukraine Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16) Austria - Ukraine BIT (1996) ICSID ICSID Investment: Contributions made in connection with joint investment activities agreements concluded between the parties concerning a project to renovate and operate a hotel in Kiev, giving rise to certain legal rights and interests.

Summary: Claims arising out of the investor's modernization of a four star hotel complex in Kiev followed by Ukraine's alleged expropriation of the hotel by turning it into a public corporation and transferring its assets, co-owned by the respondent, to a company solely owned by Ukraine without compensation.
Contributions made in connection with joint investment activities agreements concluded between the parties concerning a project to renovate and operate a hotel in Kiev, giving rise to certain legal rights and interests. Decided in favour of investor Ukraine Austria Tertiary: F - Construction

Tertiary: I - Accommodation and food service activities
41 - Construction of buildings

55 - Accommodation
Robinson, D. R. - President

Turbowicz, Y. A. - Claimant

Alexandrov, S. A. - Respondent
11.40 mln USD 2.90 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

National treatment
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 8 November 2010 None None None None None None
25 2004 Erste Bank v. India Erste Bank Der Oesterreichischen Sparkassen AG v. Republic of India Austria - India BIT (1999) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available 42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available