1 |
2021
|
Discovery Global v. Slovakia
|
Discovery Global LLC v. Slovak Republic (ICSID Case No. ARB/21/51)
|
Slovakia - United States of America BIT (1991) |
ICSID |
ICSID |
Investment: Ownership of local subsidiary Alpine Oil & Gas s.r.o., holding oil and gas exploration rights for activities at the Smilno, Ruská Poruba and Krivá Oľka wells in north-eastern Slovakia.
Summary: Claims arising out of the Government’s alleged actions preventing drilling activities of the claimant’s subsidiary, Alpine Oil & Gas, at three oil and gas wells despite granted exploration licences. According to the claimant, its planned drilling operations were rendered impossible by local activists’ protests blocking the well sites as well as local authorities’ decisions ordering full-scope environmental impact assessments. |
Ownership of local subsidiary Alpine Oil & Gas s.r.o., holding oil and gas exploration rights for activities at the Smilno, Ruská Poruba and Krivá Oľka wells in north-eastern Slovakia. |
Pending
|
Slovakia |
United States of America |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Kaufmann-Kohler, G. - President
Drymer, S. L. - Claimant
Sands, P. - Respondent |
2110.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Indirect expropriation
Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause
Other |
Pending |
Data not available |
Data not available |
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
|
EuroGas and Belmont v. Slovakia
|
EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (ICSID Case No. ARB/14/14)
|
Slovakia - United States of America BIT (1991)
Canada - Slovakia BIT (2010) |
ICSID |
ICSID |
Investment: Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia.
Summary: Claims arising out of the revocation of claimants' exclusive rights for mining activities at the Gemerska Poloma talc deposit allegedly without compensation, despite three decisions of Slovakia's Supreme Court declaring such action illegal. |
Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia. |
Decided in favour of State
|
Slovakia |
Canada
United States of America |
Primary: B - Mining and quarrying |
8 - Other mining and quarrying |
Mayer, P. - President
Gaillard, E. - Claimant
Stern, B. - Respondent |
500.00 mln EUR (655.00 mln USD)
|
Data not available
|
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
Direct expropriation
Indirect expropriation
Umbrella clause |
None - jurisdiction declined |
Award dated 18 August 2017 |
Dissenting Opinion by Emmanuel Gaillard |
ICSID annulment proceedings |
Discontinued (ICSID annulment proceedings) |
Order of the ad hoc Committee on the Discontinuance of the Proceeding dated 31 October 2019 (ICSID annulment proceedings) |
None |
Bottini, G. - Member
Malik, M. - Member
Greenwood, C. - President |
4 |
2013
|
Achmea v. Slovakia (II)
|
Achmea B.V. v. The Slovak Republic (II) (PCA Case No. 2013-12)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Shareholding in a Slovak health insurer, Union zdravotna poistovna (UZP).
Summary: Claims arising out of the Government's announced plan to establish a unitary public health insurance system in Slovakia run by the State, which would allegedly entail the expropriation of Achmea’s stake in a Slovak health insurance company. |
Shareholding in a Slovak health insurer, Union zdravotna poistovna (UZP). |
Decided in favour of State
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Lévy, L. - President
Beechey, J. - Claimant
Dupuy, P.-M. - Respondent |
72.00 mln EUR (93.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
None - jurisdiction declined |
Award on Jurisdiction and Admissibility dated 20 May 2014 |
None |
None |
None |
None |
None |
None |
5 |
2013
|
U.S. Steel v. Slovakia
|
U.S. Steel Global Holdings I B.V. v. The Slovak Republic (PCA Case No. 2013-6)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of a local steel production company.
Summary: Claims arising out of the imposition of certain electricity tariffs upon claimant's local steel plant, US Steel Košice. |
Ownership of a local steel production company. |
Discontinued
|
Slovakia |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Reisman, W. M. - President
Volterra, R. - Claimant
Crawford, J. R. - Respondent |
300.00 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
6 |
2012
|
Slovak Gas v. Slovakia
|
Slovak Gas Holding BV, GDF International SAS and E.ON Ruhrgas International GmbH v. Slovak Republic (ICSID Case No. ARB/12/7)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Shareholding of 49 per cent in the Slovakian natural gas supplier Slovenský plynárenský priemysel (SPP).
Summary: Claims arising out of legislative amendments affecting Slovakian price regulation in the gas sector that were allegedly in contravention of certain shareholder's agreement concluded between the claimants and Slovakia, among other actions allegedly resulting in financial losses for claimants' investment in a Slovakian gas company. |
Shareholding of 49 per cent in the Slovakian natural gas supplier Slovenský plynárenský priemysel (SPP). |
Settled
|
Slovakia |
France
Germany
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Landau, T. - President
Douglas, Z. - Claimant
Thomas, J. C. - Respondent |
Data not available
|
Non-pecuniary relief |
Indirect expropriation |
Not applicable - settled or discontinued before decision on liability |
Settlement deed dated 14 December 2012
Award embodying the parties' settlement agreement dated 19 March 2013 |
None |
None |
None |
None |
None |
None |
7 |
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 |
8 |
2008
|
Achmea v. Slovakia (I)
|
Achmea B.V. (formerly Eureko B.V.) v. The Slovak Republic (I) (PCA Case No. 2008-13)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of company that had obtained a share of around 8.5 per cent in the Slovak health insurance market (wholly owned subsidiary).
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. |
Ownership of company that had obtained a share of around 8.5 per cent in the Slovak health insurance market (wholly owned subsidiary). |
Decided in favour of investor
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Lowe, V. - President
van den Berg, A. J. - Claimant
Veeder, V. V. - Respondent
Tomka, P. - Respondent (replaced) |
65.00 mln EUR (84.70 mln USD)
|
22.00 mln EUR (28.80 mln USD)
|
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 |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Transfer of funds |
Award on Jurisdiction, Arbitrability and Suspension dated 26 October 2010
Final Award dated 7 December 2012 |
None |
Judicial review by national courts
Judicial review by national courts
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts)
Award/decision upheld (Judicial review by national courts)
Award/decision set aside in its entirety (Judicial review by national courts) |
Judgment of the Higher Regional Court of Frankfurt dated 10 May 2012 (Judicial review by national courts)
Preliminary Decision of the German Federal Supreme Court dated 19 September 2013 (Judicial review by national courts)
Judgment of the Higher Regional Court of Frankfurt dated 18 December 2014 (Judicial review by national courts)
Decision of the Federal Court of Justice dated 3 March 2016 (Judicial review by national courts)
Judgment of the Grand Chamber of the European Court of Justice dated 6 March 2018 (Judicial review by national courts)
Decision of the German Federal Supreme Court dated 31 October 2018 (Judicial review by national courts) |
None |
None |
9 |
2008
|
Alps Finance v. Slovakia
|
Alps Finance and Trade AG v. The Slovak Republic
|
Slovakia - Switzerland BIT (1990) |
UNCITRAL |
None |
Investment: Acquisition of certain receivables from a private Slovak company, i.e. sums payable to the assignor by a debtor who at the time of the assignment of the receivables had been declared bankrupt.
Summary: Claims arising out of alleged actions by the Slovak judiciary, particularly the Regional Court of Bratislava, preventing the claimant to enforce certain credits it had acquired towards a Slovak debtor. |
Acquisition of certain receivables from a private Slovak company, i.e. sums payable to the assignor by a debtor who at the time of the assignment of the receivables had been declared bankrupt. |
Decided in favour of State
|
Slovakia |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Crivellaro, A. - President
Stuber, H. - Claimant
Klein, B. - 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 |
None - jurisdiction declined |
Award dated 5 March 2011 |
None |
None |
None |
None |
None |
None |
10 |
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 |
11 |
2008
|
HICEE v. Slovakia
|
HICEE B.V. v. The Slovak Republic (PCA Case No. 2009-11)
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
PCA |
Investment: Shareholding in two Slovakian health insurance companies, which were subsidiaries of another Slovakian entity in turn wholly owned by the claimant.
Summary: Claims arising out of the Government's adoption of a number of changes and amendments to the laws on health insurance since 2007, including an Act by which health insurance companies were prohibited from distributing profits and made subject to a cap on their permissible administrative expenses. |
Shareholding in two Slovakian health insurance companies, which were subsidiaries of another Slovakian entity in turn wholly owned by the claimant. |
Decided in favour of State
|
Slovakia |
Netherlands |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Berman, F. - President
Brower, C. N. - Claimant
Tomka, P. - Respondent |
1000.00 mln EUR (1388.00 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
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Partial Award dated 23 May 2011
Supplementary and Final Award dated 17 October 2011 |
Dissenting Opinion of Judge Charles N. Brower (Partial Award) |
None |
None |
None |
None |
None |
12 |
2006
|
Mensik v. Slovakia
|
Branimir Mensik v. Slovak Republic (ICSID Case No. ARB/06/9)
|
Czech Republic - Switzerland BIT (1990) |
ICSID |
ICSID |
Investment: Data not available
Summary: Claims arising out of respondent's alleged mistreatment concerning a mineral water spring project in which the claimant had invested. |
Data not available |
Discontinued
|
Slovakia |
Switzerland |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply |
Reisman, W. M. - President
Klein, B. - Claimant
Böckstiegel, K.-H. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order for the discontinuance of the proceeding issued by the Tribunal dated 9 December 2008, pursuant to Regulation 14(3)(d) of the ICSID Administrative and Financial Regulations |
None |
None |
None |
None |
None |
None |
13 |
2006
|
Oostergetel v. Slovakia
|
Jan Oostergetel and Theodora Laurentius v. The Slovak Republic
|
Netherlands - Slovakia BIT (1991) |
UNCITRAL |
None |
Investment: Majority shareholding in a yarn and thread manufacturing enterprise, Bratislavská cvernová továreň (BCT) that had been privatised by the Government.
Summary: Claims arising out of alleged actions and omissions by the Slovak authorities that resulted in BCT's bankruptcy, including actions taken by a Bratislava court and the local tax office. |
Majority shareholding in a yarn and thread manufacturing enterprise, Bratislavská cvernová továreň (BCT) that had been privatised by the Government. |
Decided in favour of State
|
Slovakia |
Netherlands |
Secondary: C - Manufacturing |
13 - Manufacture of textiles |
Kaufmann-Kohler, G. - President
Briner, R. - President (replaced)
Wladimiroff, M. - Claimant
Trapl, V. - Respondent |
1359.00 mln SKK (63.00 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 |
None - all claims dismissed at the merits stage |
Decision on Jurisdiction dated 30 April 2010
Final Award dated 23 April 2012 |
None |
None |
None |
None |
None |
None |
14 |
1997
|
CSOB. v. Slovakia
|
Ceskoslovenska Obchodni Banka, a.s. v. The Slovak Republic (ICSID Case No. ARB/97/4)
|
Czech Republic - Slovakia BIT (1992) |
ICSID |
ICSID |
Investment: Rights under certain consolidation agreement concluded among the Czech Republic, Slovakia and ČSOB concerning the claimant's financial restructuring.
Summary: Claims arising out of the alleged breach of a financial consolidation agreement concluded among the Czech Republic, the Slovak Republic and ČSOB in relation to the bank’s financial restructuring in advance of its then planned privatization |
Rights under certain consolidation agreement concluded among the Czech Republic, Slovakia and ČSOB concerning the claimant's financial restructuring. |
Decided in favour of investor
|
Slovakia |
Czechia |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
van Houtte, H. - President
Buergenthal, T. - President (replaced)
Bucher, A. - Claimant
Bernardini, P. - Respondent |
40300.00 mln SKK (1132.00 mln USD)
|
24800.00 mln SKK (867.80 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
Decision of the Tribunal on Objections to Jurisdiction dated 24 May 1999
Decision of the Tribunal on Respondent’s Further and Partial Objection to Jurisdiction dated 1 December 2000
Award dated 29 December 2004 |
None |
None |
None |
None |
None |
None |