Poland

Poland

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 2020 Prairie v. Poland Prairie Mining Limited v. Republic of Poland Australia - Poland BIT (1991)

The Energy Charter Treaty (1994)
UNCITRAL PCA Investment: Ownership of the Jan Karski and Debiensko coal mines, holding exploration and mining concessions.

Summary: Claims arising out of the Government’s alleged actions to block the claimant’s coking coal projects at the Jan Karski and Debiensko mines.
Ownership of the Jan Karski and Debiensko coal mines, holding exploration and mining concessions. Pending Poland Australia Primary: B - Mining and quarrying 5 - Mining of coal and lignite Sachs, K. - President

Rees, P. - Claimant

Stern, B. - Respondent
806.00 mln GBP (1140.60 mln USD) Data not available Data not available Pending None None None None None None None
2 2019 Mercuria v. Poland (II) Mercuria Energy Group Limited v. The Republic of Poland (II) (SCC Case No. 2019/126) The Energy Charter Treaty (1994) SCC SCC Investment:

Summary:
Pending Poland Cyprus Data not available Data not available Data not available Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2018 Festorino and others v. Poland Festorino Invest Limited, Fosontal Limited, Petra Salesny, Peter Derendinger and Petr Rojicek v. Republic of Poland (SCC Case No. 2018/098) The Energy Charter Treaty (1994) SCC SCC Investment: Ownership (100%) of Blue Gas N’R’G Holding sp. z o.o., holding four Blue Gas subsidiaries to develop six natural gas mining projects with power plants (Uników, Wrzosowo, Stanowice, Międzyzdroje, Zakrzewo and Lelików).

Summary: Claims arising out of Government authorities’ alleged arbitrary and discriminatory conduct in administrative proceedings to grant licenses for the claimants’ gas exploration and mining projects. According to the claimants, Government authorities caused unjustified delays that resulted in the bankruptcy and shutdown of Blue Gas subsidiaries.
Ownership (100%) of Blue Gas N’R’G Holding sp. z o.o., holding four Blue Gas subsidiaries to develop six natural gas mining projects with power plants (Uników, Wrzosowo, Stanowice, Międzyzdroje, Zakrzewo and Lelików). Decided in favour of State Poland Austria

Cyprus

Czechia

Switzerland
Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Cremades, B. M. - President

Hobér, K. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Award dated 30 June 2021 None None None None None None
4 2018 Invenergy v. Poland Invenergy LLC v. Republic of Poland (PCA Case No. 2018-40) Poland - United States of America BIT (1990) UNCITRAL PCA Investment: Investments in wind energy projects in Poland.

Summary: Claims arising out of the Government’s conduct adversely affecting the claimant’s wind energy projects, including termination by Polish State-owned companies of long-term energy contracts concluded with the claimant.
Investments in wind energy projects in Poland. Pending Poland United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Greenwood, C. - President

Townsend, J. M. - Claimant

Tomka, P. - Respondent
700.00 mln USD Data not available Indirect expropriation Pending None None None None None None None
5 2017 Airbus v. Poland Airbus Helicopters S.A.S. i Airbus S.E. v. Republic of Poland Netherlands - Poland BIT (1992) Data not available Data not available Investment:

Summary: Claims arising out of the Government’s cancellation of a contract to purchase helicopters from the claimant.
Discontinued Poland Netherlands Secondary: C - Manufacturing 30 - Manufacture of other transport equipment Alexandrov, S. A. - Claimant

Douglas, Z. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
6 2017 Honwood v. Poland Honwood Services Limited v. Poland Cyprus - Poland BIT (1992) ICC ICC Investment:

Summary:
Pending Poland Cyprus Data not available Data not available Crawford, J. R. - President (replaced)

Hobér, K. - Claimant (replaced)

Sands, P. - Respondent

Reed, L. - President

Llamzon, A. P. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
7 2017 Ojeocan v. Poland Ojeocan Management Ltd v. Republic of Poland (SCC Case No. 2017/200) The Energy Charter Treaty (1994) SCC SCC Investment:

Summary:
Decided in favour of State Poland Cyprus 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 None - jurisdiction declined Award dated 28 September 2021 None None None None None None
8 2017 Slot v. Poland Slot Group a.s. v. Republic of Poland (PCA Case No. 2017-10) Czech Republic - Poland BIT (1993) UNCITRAL PCA Investment: Investments in the gambling industry.

Summary: Claims arising out of Poland’s Gambling Law of 2009, which entered into force in January 2010 and restricted the operation of slot machines outside of casinos.
Investments in the gambling industry. Decided in favour of investor Poland Czechia Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Fernández-Armesto, J. - President

Wirth, M. - Claimant

Sójka, T. - Respondent
Data not available 2.60 mln PLN (0.67 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 3 February 2020

Award (corrected) dated 2 April 2020
None Judicial review by national courts Award/decision set aside in its entirety (Judicial review by national courts) Judgment of the Paris Court of Appeal dated 19 April 2022 (French) (Judicial review by national courts) None None
9 2016 Darley v. Poland Darley Energy Plc v. Republic of Poland Poland - United Kingdom BIT (1987) UNCITRAL PCA Investment: Investments in preparations for, and participation in, a Government tender for a potash concession.

Summary: Claims arising out of the Government’s decision to deny a potash mining concession to the claimant and to grant it to the partly State-owned mining company KGHM, allegedly in violation of the tender process.
Investments in preparations for, and participation in, a Government tender for a potash concession. Settled Poland United Kingdom Primary: B - Mining and quarrying 8 - Other mining and quarrying Mourre, A. - President

Hobér, K. - Claimant

Poczobut, J. - Respondent
1400.00 mln EUR (1665.50 mln USD) Data not available Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
10 2015 Manchester Securities v. Poland Manchester Securities Corporation v. Republic of Poland (PCA Case No. 2015-18) Poland - United States of America BIT (1990) UNCITRAL PCA Investment: Loan to a Polish real estate developer for the construction of an apartment complex in Krakow, Poland.

Summary: Claims arising out of the Polish courts’ decision concerning an unfinished apartment complex in Krakow, allegedly resulting in the claimant’s inability to collect its debt from the developer of that complex.
Loan to a Polish real estate developer for the construction of an apartment complex in Krakow, Poland. Decided in favour of investor Poland United States of America Tertiary: L - Real estate activities 68 - Real estate activities Rigo Sureda, A. - President

Brower, C. N. - Claimant

Stern, B. - Respondent
56.00 mln PLN (14.90 mln USD) 37.60 mln PLN (10.00 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Full protection and security, or similar

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 7 December 2018 None Judicial review by national courts Pending (Judicial review by national courts) None None None
11 2015 Miedzi Copper v. Poland Miedzi Copper Corp. v. Republic of Poland (PCA Case No. 2015-27) Canada - Poland BIT (1990) UNCITRAL PCA Investment: Ownership of Miedzi Copper Corp. that holds a number of copper exploration concessions in Poland.

Summary: Claims arising out of the Government’s alleged revocation of two copper exploitation permits awarded to the claimant’s local subsidiary Miedzi Copper and the subsequent allocation of the permits to Poland’s largest copper producer KGHM.
Ownership of Miedzi Copper Corp. that holds a number of copper exploration concessions in Poland. Data not available Poland Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Kaufmann-Kohler, G. - President

Fortier, L. Y. - Claimant

Dolzer, R. - Respondent (replaced)

Name not available - Respondent
100.00 mln USD Data not available Data not available Data not available Award dated 27 December 2021 None None None None None None
12 2014 Flemingo DutyFree v. Poland Flemingo DutyFree Shop Private Limited v. Republic of Poland India - Poland BIT (1996) UNCITRAL PCA Investment: Indirect 80.68% shareholding in BH Travel Retail Poland Sp. z o.o. (“BH Travel”), which held certain lease agreements for retail stores at Warsaw Chopin Airport.

Summary: Claims arising out of the Polish Airports State Enterprise’s termination of lease agreements for retail stores at Warsaw Chopin Airport entered into with BH Travel, a duty-free operator in which the claimant held indirect interests.
Indirect 80.68% shareholding in BH Travel Retail Poland Sp. z o.o. (“BH Travel”), which held certain lease agreements for retail stores at Warsaw Chopin Airport. Decided in favour of investor Poland India Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 47 - Retail trade, except of motor vehicles and motorcycles van Houtte, H. - President

Townsend, J. M. - Claimant

Kühn, W. - Respondent
81.60 mln EUR (91.10 mln USD) 17.90 mln EUR (20.00 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

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

Indirect expropriation
Award dated 12 August 2016 None None None None None None
13 2014 Griffin v. Poland GPF GP S.à.r.l v. Poland (SCC Case No. 2014/168) BLEU (Belgium-Luxembourg Economic Union) - Poland BIT (1987) SCC SCC Investment: Usufruct rights to a plot of land.

Summary: Claims arising out of the alleged expropriation of the claimant’s rights to a historic former barracks site adjacent to Lazienki Park in central Warsaw, including alleged arbitrary conduct of the City of Warsaw related to construction works on the site and a decision of the Warsaw Court of Appeal confirming the termination of the claimant’s usufruct rights to the property.
Usufruct rights to a plot of land. Decided in favour of State Poland Luxembourg Tertiary: L - Real estate activities 68 - Real estate activities Kaufmann-Kohler, G. - President

Williams, D. A. R. - Claimant

Sands, P. - Respondent
16.40 mln EUR (17.70 mln USD) Data not available Indirect expropriation

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

Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Interim Award on Jurisdiction dated February 2017

Final Award dated 29 April 2020
None Judicial review by national courts Award/decision partially set aside (Judicial review by national courts) Judgment of the High Court of Justice of England and Wales dated 2 March 2018 (Judicial review by national courts) None None
14 2014 Horthel and others v. Poland Horthel Systems BV, Poland Gaming Holding BV and Tesa Beheer BV v. Poland (PCA Case No. 2014-31) Netherlands - Poland BIT (1992) UNCITRAL PCA Investment: Shareholding in companies operating slot machines.

Summary: Claims arising out of Poland’s Gambling Law of 2009 restricting the operation of slot machines outside of casinos, which forced companies controlled by the claimants to stop operating most of their slot machines following the law's entry into force in January 2010 and to abandon all operations by January 2015.
Shareholding in companies operating slot machines. Decided in favour of investor Poland Netherlands Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Lévy, L. - President

van Leeuwen, M. - Claimant

Thomas, J. C. - Respondent
240.00 mln PLN (56.60 mln USD) 37.70 mln PLN (9.30 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Final Award dated 16 February 2017 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Swiss Federal Supreme Court on the Set-Aside of the Award dated 14 December 2017 (Judicial review by national courts) None None
15 2014 PL Holdings v. Poland PL Holdings S.a.r.l. v. Poland (SCC Case No. 2014/163) BLEU (Belgium-Luxembourg Economic Union) - Poland BIT (1987) SCC SCC Investment: 99.6% shareholding in a Polish bank, FM Bank PBP.

Summary: Claims arising out of alleged forced sale of the claimant's shareholding in a Polish bank, FM Bank PBP.
99.6% shareholding in a Polish bank, FM Bank PBP. Decided in favour of investor Poland Luxembourg Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Bermann, G. - President

Lew, J. D. M. - Claimant

Schneider, M. - Respondent
1888.40 mln PLN (479.90 mln USD) 653.60 mln PLN (178.40 mln USD) Indirect expropriation Indirect expropriation Partial Award dated 28 June 2017

Final Award dated 28 September 2017
None Judicial review by national courts Pending (Judicial review by national courts) Judgment of Svea Court of Appeal on Set-aside Application dated 22 February 2019 (Judicial review by national courts) None None
16 2014 Strabag and others v. Poland Strabag SE, Raiffeisen Centrobank AG and Syrena Immobilien Holding AG v. Republic of Poland (ICSID Case No. ADHOC/15/1) Austria - Poland BIT (1988) Ad hoc ICSID Investment: Indirect shareholding in Hotele Warszawakie “Syrena” Sp. z.o.o. (Syrena Hotels), a local company operating two hotels in Warsaw (Hotel Polonia and Hotel Metropol).

Summary: Claims arising out of Polish authorities’ alleged denial of legal titles to two hotels and related land plots in Warsaw that were held by Syrena Hotels, a formerly state-owned entity that the claimants had acquired during a privatization process; the legal titles were transferred to the successors of previous property owners. According to the claimants, government authorities had concealed contentious ownership issues prior to their acquisition of Syrena Hotels.
Indirect shareholding in Hotele Warszawakie “Syrena” Sp. z.o.o. (Syrena Hotels), a local company operating two hotels in Warsaw (Hotel Polonia and Hotel Metropol). Pending Poland Austria Tertiary: I - Accommodation and food service activities

Tertiary: L - Real estate activities
55 - Accommodation

68 - Real estate activities
Veeder, V. V. - President (replaced)

Böckstiegel, K.-H. - Claimant (replaced)

Reed, L. - President

Schill, S. - Claimant

van den Berg, A. J. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Most-favoured nation treatment

Direct expropriation

Indirect expropriation

Umbrella clause

Transfer of funds

Other
Pending Partial Award on Jurisdiction dated 4 March 2020 None Judicial review by national courts Pending (Judicial review by national courts) None None None
17 2013 Almås v. Poland Kristian Almås and Geir Almås v. The Republic of Poland Norway - Poland BIT (1990) UNCITRAL PCA Investment: Lease agreement with the Polish Agricultural Property Agency for 4200 hectares of farmland in Poland through Pol Farm, a company in which the claimants were the sole shareholders.

Summary: Claims arising out of termination of a 30-year land lease by the Polish Agricultural Property Agency.
Lease agreement with the Polish Agricultural Property Agency for 4200 hectares of farmland in Poland through Pol Farm, a company in which the claimants were the sole shareholders. Decided in favour of State Poland Norway Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Crawford, J. R. - President

Reinisch, A. - Respondent

Mestad, O. - Claimant
100.00 mln PLN (24.80 mln USD) Data not available Indirect expropriation

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

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
None - all claims dismissed at the merits stage Award dated 27 June 2016 None None None None None None
18 2013 Juvel and Bithell v. Poland Juvel Ltd and Bithell Holdings Ltd. v. Poland (ICC Case No. 19459/MHM) Cyprus - Poland BIT (1992) ICC ICC Investment: Shareholding in Polish telecommunications company Sferia S.A.

Summary: Claims arising out of certain decisions by Poland’s Office of Electronic Communications which allegedly resulted in Sferia’s inability to effectively use radio frequencies in the 850 MHz band to develop an LTE mobile phone network.
Shareholding in Polish telecommunications company Sferia S.A. Decided in favour of State Poland Cyprus Tertiary: J - Information and communication 61 - Telecommunications Hanotiau, B. - President

Born, G. B. - Claimant

Stern, B. - Respondent
1500.00 mln PLN (475.20 mln USD) Data not available Indirect expropriation None - all claims dismissed at the merits stage Award dated 26 February 2019 None None None None None None
19 2012 Enkev Beheer v. Poland Enkev Beheer B.V. v. The Republic of Poland Netherlands - Poland BIT (1992) UNCITRAL PCA Investment: Investment in Polish subsidiary, Enkev Polska S.A., a joint stock company owning certain industrial facilities and holding a perpetual usufruct right to the property under Polish law for the use of the land as real property for 99 years.

Summary: Claims arising out of alleged threats made by the Respondent to expropriate the claimant’s investment in its Polish subsidiary.
Investment in Polish subsidiary, Enkev Polska S.A., a joint stock company owning certain industrial facilities and holding a perpetual usufruct right to the property under Polish law for the use of the land as real property for 99 years. Decided in favour of State Poland Netherlands Secondary: C - Manufacturing 32 - Other manufacturing Veeder, V. V. - President

van den Berg, A. J. - Claimant

Sachs, K. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

Indirect expropriation
None - all claims dismissed at the merits stage First Partial Award dated 29 April 2014

Final Award on Costs dated 13 June 2014
None None None None None None
20 2012 Seventhsun and others v. Poland Seventhsun Holding Ltd, Jevelinia Ltd, Aventon Ltd, Stanorode Ltd and Wildoro Ltd v. Poland Cyprus - Poland BIT (1992) SCC SCC Investment: 62% shareholding in Polish steel manufacturer, Huta Pokoj.

Summary: Claims arising out of the alleged freeze of the claimants' shareholding by the Polish Public Prosecutor's Office related to criminal proceedings.
62% shareholding in Polish steel manufacturer, Huta Pokoj. Decided in favour of State Poland Cyprus Secondary: C - Manufacturing 24 - Manufacture of basic metals Sekolec, J. - President

Hobér, K. - Claimant

Nowaczyk, P. - Respondent
1000.00 mln EUR (1336.00 mln USD) Data not available Direct expropriation None - all claims dismissed at the merits stage Partial Award dated 13 October 2015

Award on Costs dated 4 January 2016
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Svea Court of Appeal dated 18 May 2018 (Swedish) (Judicial review by national courts) None None
21 2011 Ryan and others v. Poland Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3) Poland - United States of America BIT (1990) ICSID AF ICSID Investment: Interests in a vegetable oil production and processing enterprise.

Summary: Claims arising out of a series of Governmental actions that allegedly caused the bankruptcy of a margarine production company in which the claimant had invested.
Interests in a vegetable oil production and processing enterprise. Decided in favour of State Poland United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Khan, M. A. - President

Orrego Vicuña, F. - Claimant

von Wobeser, C. - Respondent
120.30 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

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Decision on the Respondent's request to address the objections to jurisdiction as a preliminary question dated 16 January 2013

Award dated 24 November 2015
Partial Dissenting Opinion Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Paris Court of Appeal dated 2 April 2019 (Judicial review by national courts)

Judgment of the French Court of Cassation dated 2 December 2020 (French) (Judicial review by national courts)

Judgment of the Paris Court of Appeal dated 31 May 2022 (French) (Judicial review by national courts)
None None
22 2010 Minnotte and Lewis v. Poland David Minnotte and Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1) Poland - United States of America BIT (1990) ICSID AF ICSID Investment: Shareholding in company set up to construct and operate a plasma protein fractionation plant in southern Poland.

Summary: Claims arising out of a series of alleged actions by the Polish ministry of finance aimed at ensuring that certain banks discontinued their financing of a construction project for the development of a plasma processing plant in which the claimant had invested.
Shareholding in company set up to construct and operate a plasma protein fractionation plant in southern Poland. Decided in favour of State Poland United States of America Tertiary: Q - Human health and social work activities 86 - Human health activities Lowe, V. - President

Mendelson, M. - Claimant

Silva Romero, E. - Respondent
35.00 mln USD Data not available Direct expropriation

Indirect expropriation

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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Award dated 16 May 2014 None None None None None None
23 2009 East Cement v. Poland The East Cement for Investment Company v. The Republic of Poland (ICC Case No. 16509/JHN) Jordan - Poland BIT (1997) ICC ICC Investment: Interests in a cement production facility.

Summary: Claims arising out of a decision by a Polish bankruptcy court concerning claimant's alleged investment in a cement manufacturing plant.
Interests in a cement production facility. Discontinued Poland Jordan Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Franke, U. - President

Bernardini, P. - Claimant

Stern, B. - Respondent
150.00 mln EUR (210.80 mln USD) Data not available Data not available Not applicable - settled or discontinued before decision on liability Partial Award on costs dated 26 August 2011 None None None None None None
24 2009 Servier v. Poland Les Laboratoires Servier, S.A.S., Biofarma, S.A.S., Arts et Techniques du Progres S.A.S. v. Republic of Poland France - Poland BIT (1989) UNCITRAL PCA Investment: Data not available

Summary: Claims arising out of the Government's withdrawal of Servier’s marketing authorisations for certain medicines, in the context of Poland’s accession to the European Union and its enactment of a series of legislative and administrative reforms to harmonise its regulation of pharmaceuticals with that of the European Union.
Data not available Decided in favour of investor Poland France Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Park, W. W. - President

Hanotiau, B. - Claimant

Lalonde, M. - Respondent
220.00 mln EUR (300.00 mln USD) 4.00 mln EUR (5.00 mln USD) Indirect expropriation

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

Full protection and security, or similar

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation Interim Award on Jurisdiction dated 3 December 2010

Award dated 14 February 2012
None None None None None None
25 2008 Mercuria Energy v. Poland (I) Mercuria Energy Group Limited v. Republic of Poland (I) The Energy Charter Treaty (1994) SCC SCC Investment: Ownership of a Polish subsidiary, J&S Energy, engaged in the import, distribution and marketing of oil products.

Summary: Claims arising out of the Government's implementation of a European Union Directive calling for an increase in the mandatory fuel reserves held by firms and its alleged negative impact upon Mercuria's Polish subsidiary J&S Energy engaged in the importation of fuel.
Ownership of a Polish subsidiary, J&S Energy, engaged in the import, distribution and marketing of oil products. Decided in favour of State Poland Cyprus Primary: B - Mining and quarrying

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
6 - Extraction of crude petroleum and natural gas

46 - Wholesale trade, except of motor vehicles and motorcycles
Tercier, P. - President

Lowe, V. - Unknown

van den Berg, A. J. - Unknown
400.00 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 Decision on Jurisdiction dated 17 December 2009

Final Award dated December 2011
None None None None None None
26 2008 TRACO v. Poland TRACO Deutsche Travertin Werke GmbH v. The Republic of Poland Germany - Poland BIT (1989) UNCITRAL PCA Investment: Data not available

Summary: Claims arising out of the alleged expropriation and discriminatory treatment to claimant's investment in the privatized company Przedsiębiorstwo Kamienia Budowlanego engaged in the Polish stone industry in Radków.
Data not available Decided in favour of State Poland Germany Primary: B - Mining and quarrying 8 - Other mining and quarrying Veeder, V. V. - President

Schreuer, C. H. - Claimant

Stern, B. - Respondent
8.20 mln EUR (10.50 mln USD) Data not available Direct expropriation

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

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage First Partial Award on Jurisdiction and Liability dated 5 September 2012

Final Award on Costs dated January 2013
None Data not available Data not available Data not available Data not available Data not available
27 2006 Nordzucker v. Poland Nordzucker AG v. The Republic of Poland Germany - Poland BIT (1989) UNCITRAL None Investment: Intended acquisition of two sugar production plants in Poland, including the payment of a guarantee deposited with certain sugar holding companies in its capacity of bidder for the companies' shares.

Summary: Claims arising out of the Government's implementation of a privatization programme for its sugar industry and its alleged retraction from selling Nordzucker two state-owned sugar producers (including a total of five production plants), which would have increased the claimant's total market-share to 20 per cent of Poland's sugar industry.
Intended acquisition of two sugar production plants in Poland, including the payment of a guarantee deposited with certain sugar holding companies in its capacity of bidder for the companies' shares. Decided in favour of neither party (liability found but no damages awarded) Poland Germany Secondary: C - Manufacturing 10 - Manufacture of food products Bucher, A. - Claimant

Tomaszewski, M. - Respondent

Van Houtte, V. - President
153.70 mln EUR (228.30 mln USD) 0.00 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Other
Other Partial Award (Jurisdiction) dated 10 December 2008

Second Partial Award (Merits) dated 28 January 2009

Third Partial and Final Award (Damages and Costs) dated 23 November 2009
None None None None None None
28 2006 Vivendi v. Poland Vivendi v. Republic of Poland France - Poland BIT (1989) UNCITRAL Data not available Investment: Interests in a Polish joint venture engaged in the telecommunications sector.

Summary: Claims arising out of the alleged mishandling by Polish courts of a number of lawsuits arising out of a commercial dispute over the ownership of a cellular communications company.
Interests in a Polish joint venture engaged in the telecommunications sector. Settled Poland France Tertiary: J - Information and communication 61 - Telecommunications Sachs, K. - President

Fadlallah, I. - Unknown

Furtek, M. - Unknown
Data not available 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 Settlement agreement dated April 2011 None None None None None None
29 2004 Cargill v. Poland Cargill, Incorporated v. Republic of Poland Poland - United States of America BIT (1990) UNCITRAL None Investment: Ownership and operation of isoglucose sweetener production facilities in Poland.

Summary: Claims arising out of Poland’s imposition of quotas on isoglucose (a wheat-derived sweetener which competes with sugar), which adversely affected Cargill’s investment in isoglucose-processing facilities.
Ownership and operation of isoglucose sweetener production facilities in Poland. Decided in favour of investor Poland United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Kaufmann-Kohler, G. - President

Gaillard, E. - Claimant

Hanotiau, B. - Respondent
150.00 mln USD 16.30 mln USD Indirect expropriation

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

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 4 April 2005, pursuant to Arbitration Rule 49(1) of the Additional Facility Rules

Final Award dated 29 February 2008
None Data not available Data not available Data not available Data not available Data not available
30 2003 Eureko v. Poland Eureko B.V. v. Republic of Poland Netherlands - Poland BIT (1992) UNCITRAL None Investment: Shareholding in an insurance enterprise owned by the Polish State Treasury.

Summary: Claims arising out of the privatisation of a Polish insurance company and subsequent alleged actions by the Minister of the State Treasury of Poland which negatively affected the corporate governance of the company in which the claimants had invested.
Shareholding in an insurance enterprise owned by the Polish State Treasury. Settled Poland Netherlands Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Fortier, L. Y. - President

Schwebel, S. M. - Claimant

Rajski, J. - Respondent
10000.00 mln USD 12750.00 mln PLN (4379.00 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

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Partial Award dated 19 August 2005 Dissenting Opinion of Mr. Jerzy Rajski (Partial Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Setting Aside of Award, Judgment of Court of First Instance of Brussels dated 23 November 2006 (Judicial review by national courts) None None
31 2001 Crespo and others v. Poland Julian Crespo Santamargarita, Juan Ricardo Crespo Santamargarita, Valencja Sp. z.o.o. v. Republic of Poland Poland - Spain BIT (1992) ICC ICC Investment: Investments in an agri-food business.

Summary: Claims arising out of the Polish tax authority’s blocking of funds on the claimants’ bank accounts, related to the collection of corporate taxes allegedly due to the state.
Investments in an agri-food business. Decided in favour of neither party (liability found but no damages awarded) Poland Spain Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Name not available - President

Name not available - Claimant

Name not available - Respondent
6.70 mln USD Data not available Arbitrary, unreasonable and/or discriminatory measures

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

National treatment

Full protection and security, or similar

Indirect expropriation

Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures Interim Award dated 21 November 2004

Final Award dated 22 September 2005
Dissenting Opinion of Jerzy Rajski None None None None None
32 1998 Schaper v. Poland Lutz Ingo Schaper v. Republic of Poland Germany - Poland BIT (1989) UNCITRAL None Investment: Shareholding in company engaged in the import of waste-paper into Poland.

Summary: Claims arising out of the prohibition on importation of raw material waste paper pursuant to a statutory amendment concerning environmental protection.
Shareholding in company engaged in the import of waste-paper into Poland. Discontinued Poland Germany Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Blessing, M. - President

Wühler, N. - Claimant

Tynel, A. - Respondent

Keil, W. - Claimant (replaced)
3.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Final Partial Award dated 22 August 2006

Order for the termination of the proceedings dated 23 February 2009
Dissent of Andrzej Tynel Data not available Data not available Data not available Data not available Data not available
33 1996 Ameritech v. Poland Ameritech v. Republic of Poland Poland - United States of America BIT (1990) UNCITRAL Data not available Investment: Shareholding in local cellular phone company.

Summary: Claims arising out of certain telecommunications statutory enactment overturning a Government's letter of intent which contained Poland's commitment to award the claimant digital cellular licenses.
Shareholding in local cellular phone company. Settled Poland United States of America Tertiary: J - Information and communication 61 - Telecommunications Data not available 500.00 mln USD Data not available 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
34 1996 France Telecom v. Poland France Telecom v. Republic of Poland France - Poland BIT (1989) UNCITRAL Data not available Investment: Shareholding in local cellular phone company.

Summary: Claims arising out of certain telecommunications statutory enactment overturning a Government's letter of intent which contained Poland's commitment to award the claimant digital cellular licenses.
Shareholding in local cellular phone company. Settled Poland France Tertiary: J - Information and communication 61 - Telecommunications Data not available 500.00 mln USD Data not available 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
35 1996 Saar Papier v. Poland (II) Saar Papier Vertriebs GmbH v. Republic of Poland (II) Germany - Poland BIT (1989) UNCITRAL None Investment: Ownership of local subsidiary company for import of waste-paper into Poland.

Summary: Claims arising out of alleged damages for a subsequent time period during which Poland had continued to block Saar Papier's operations, despite a prior arbitration award rendered in favour of the investor.
Ownership of local subsidiary company for import of waste-paper into Poland. Decided in favour of State Poland Germany Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Data not available Data not available Data not available Data not available None - all claims dismissed at the merits stage Interim Award dated 24 January 2000

Final Award dated 7 June 2001
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Swiss Federal Tribunal dated 20 September 2000 (regarding the Interim Award of 24 January 2000) (Judicial review by national courts)

Decision of the Swiss Federal Tribunal dated 1 March 2002 (regarding the Final Award of 7 June 2001) (Judicial review by national courts)
None None
36 1994 Saar Papier v. Poland (I) Saar Papier Vertriebs GmbH v. Republic of Poland (I) Germany - Poland BIT (1989) UNCITRAL None Investment: Ownership of local subsidiary company for import of waste-paper into Poland.

Summary: Claims arising out of the prohibition on importation of raw material waste paper pursuant to a statutory amendment concerning environmental protection.
Ownership of local subsidiary company for import of waste-paper into Poland. Decided in favour of investor Poland Germany Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Karrer, P. A. - President

Ahrens, G. - Claimant

Szurski, T. - Respondent
2.30 mln DEM (1.60 mln USD) 2.30 mln DEM (1.60 mln USD) Indirect expropriation Indirect expropriation Interim Award on Jurisdiction dated 17 August 1994

Final Award dated 16 October 1995
Dissenting Opinion of Dr. habil. Tadeusz Szurski (Interim Award on Jurisdiction)

Dissenting Opinion of Dr. habil. Tadeusz Szurski (Final Award)
Data not available Data not available Data not available Data not available Data not available
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 2016 Grot and others v. Moldova Zbigniew Piotr Grot, Grot Cimarron LLC, I.C.S. Laguardia SRL and Laguardia USA LLC v. Republic of Moldova (ICSID Case No. ARB/16/8) Moldova, Republic of - United States of America BIT (1993) ICSID ICSID Investment: Rights under lease agreements for agricultural land concluded with landowners for a 3-year period.

Summary: Claims arising out of the alleged unlawful termination of the lease agreements for agricultural land concluded by the claimants with the landowners in two villages in the north-east of Moldova. A year after the agreements had been concluded, the respective local city halls revoked the registration of the agreements due to the claimants’ alleged non-performance of their contractual obligations, and registered lease agreements with a different lessee for the same land plots.
Rights under lease agreements for agricultural land concluded with landowners for a 3-year period. Decided in favour of investor Moldova, Republic of United States of America

Poland
Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Sands, P. - President

Fortier, L. Y. - Claimant

Knieper, R. - Respondent
15.00 mln USD 0.40 mln USD Indirect expropriation

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

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation Award dated 28 June 2018 None None None None None None
2 2016 Muszynianka v. Slovakia Muszynianka Spółka z Ograniczoną Odpowiedzialnością v. Slovak Republic (PCA Case No. 2017-08) Poland - Slovakia BIT (1994) UNCITRAL PCA Investment: Investments in mineral water production.

Summary: Claims arising out of the 2014 change to the Slovakian Constitution that forbade cross-border bulk transportation of drinking and mineral water derived from Slovak water sources and the rejection of the claimant’s application for a mineral water extraction permit. These actions allegedly frustrated the claimant’s venture to extract and transport (via pipeline) mineral water from a source in Slovakia to its bottling plant in a neighbouring town in Poland.
Investments in mineral water production. Decided in favour of neither party (liability found but no damages awarded) Slovakia Poland Secondary: C - Manufacturing 11 - Manufacture of beverages Alexandrov, S. A. - Claimant (replaced)

Thomas, J. C. - Respondent

Kaufmann-Kohler, G. - President

Volterra, R. - Claimant
575.60 mln PLN (150.90 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

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

Arbitrary, unreasonable and/or discriminatory measures
Award dated 7 October 2020 Partial Dissenting Opinion by Robert Volterra None None None None None
3 2014 Aleksandrowicz and Częścik v. Cyprus Robert Aleksandrowicz and Tomasz Częścik v. Cyprus (SCC Case No. 2014/169) Cyprus - Poland BIT (1992) SCC SCC Investment:

Summary: Claims arising out of measures taken by the Government in March 2013 in relation to the claimants’ bank accounts at the Bank of Cyprus.
Decided in favour of State Cyprus Poland Data not available Data not available Derains, Y. - President

Nappert, S. - Claimant

Giardina, A. - Respondent
18.00 mln PLN (4.40 mln USD) Data not available Indirect expropriation None - all claims dismissed at the merits stage Final Award dated 21 February 2017 None None None None None None
4 2012 Maiman and others v. Egypt Yosef Maiman, Merhav (MNF), Merhav-Ampal Group, Merhav-Ampal Energy Holdings v. Arab Republic of Egypt (PCA Case No. 2012/26) Egypt - Poland BIT (1995) UNCITRAL PCA Investment: Shareholding in EMG, a company that had concluded a 15 year contract with the Egyptian General Petroleum Corporation and the Egyptian Natural Gas Holdings to resell Egyptian natural gas.

Summary: Claims arising out of the alleged Government's failure to protect a gas pipeline in which the claimants had invested from attacks that took place during the Arab Spring.
Shareholding in EMG, a company that had concluded a 15 year contract with the Egyptian General Petroleum Corporation and the Egyptian Natural Gas Holdings to resell Egyptian natural gas. Pending Egypt Poland Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply McRae, D. M. - President

Reisman, W. M. - Claimant

Thomas, J. C. - Respondent
1100.00 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

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
Pending Decision on Jurisdiction and Admissibility dated 5 May 2016

Partial Award dated 28 December 2017
None None None None None None
5 2007 Europe Cement v. Turkey Europe Cement Investment and Trade S.A. v. Republic of Turkey (ICSID Case No. ARB(AF)/07/2) The Energy Charter Treaty (1994) ICSID AF ICSID Investment: Minority shareholding in two Turkish utilities companies that had concluded electricity concession agreements with the Turkish Ministry of Energy.

Summary: Claims arising out of the seizure of two Turkish utility companies, Cukarova Elektrik Anonim Sirketi and Kepez Elektrik Turk Anonim Sirketi, in respect of which the claimant held shares and the cancellation of electricity generation and distribution concession agreements between the latter two entities and Turkey.
Minority shareholding in two Turkish utilities companies that had concluded electricity concession agreements with the Turkish Ministry of Energy. Decided in favour of State Türkiye Poland Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply McRae, D. M. - President

Lew, J. D. M. - Claimant

Lévy, L. - Respondent
3800.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 13 August 2009 None None None None None None
6 2006 Cementownia v. Turkey (I) Cementownia “Nowa Huta” S.A. v. Republic of Turkey (I) (ICSID Case No. ARB(AF)/06/2) The Energy Charter Treaty (1994) ICSID AF ICSID Investment: Shareholding in two Turkish hydroelectric companies, Cukurova Elektrik A.S. and Kepez Elektrik Türk A.S., that had concluded concession agreements with the Government for the generation, transmission, distribution and marketing of electricity.

Summary: Claims arising out of the alleged unilateral termination of certain concession agreements by the Turkish government, followed by the alleged seizure and expropriation of assets of the two hydroelectric plants in which the claimant had invested without compensation.
Shareholding in two Turkish hydroelectric companies, Cukurova Elektrik A.S. and Kepez Elektrik Türk A.S., that had concluded concession agreements with the Government for the generation, transmission, distribution and marketing of electricity. Decided in favour of State Türkiye Poland Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tercier, P. - President

Lalonde, M. - Claimant

Thomas, J. C. - Respondent
4648.00 mln USD Data not available Direct expropriation

Full protection and security, or similar

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 17 September 2009 None None None None None None
7 2006 Cementownia v. Turkey (II) Cementownia “Nowa Huta” S.A. (Poland) and Polska Energetyka Holding S.A. (Poland) v. Republic of Turkey (II) Poland - Turkey BIT (1991) UNCITRAL None Investment: Ownership of several assets and companies formerly owned by members of the Uzan family.

Summary: Claims arising out of the alleged expropriation by Turkey Savings Deposit Insurance Fund of several assets and companies formerly owned by members of the Uzan family, as part of Turkey's fraud case against such family and in an effort to satisfy creditors of an Uzan-owned financial institution, Imar Bank.
Ownership of several assets and companies formerly owned by members of the Uzan family. Discontinued Türkiye Poland Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Williams, D. A. R. - President

Brower, C. N. - Claimant

Mayer, P. - Respondent
4800.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Award dated 2009 None None None None None None
8 2002 Pol Am Pack v. Romania Pol Am Pack S.A. (Poland) v. Romania Poland - Romania BIT (1994) Ad hoc PCA Investment: Majority shareholding (90 per cent) in SC AMEP American Packaging SA Tecuci.

Summary:
Majority shareholding (90 per cent) in SC AMEP American Packaging SA Tecuci. Settled Romania Poland Secondary: C - Manufacturing 25 - Manufacture of fabricated metal products, except machinery and equipment Hanotiau, B. - President

Jarvin, S. - Claimant

Schneider, M. - Respondent

Horvath, G. J. - Claimant (replaced)

Porcasi, V. - Respondent (replaced)
10.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None