Sweden

Sweden

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 2018 Corral v. Morocco Corral Morocco Holdings AB v. Kingdom of Morocco (ICSID Case No. ARB/18/7) Morocco - Sweden BIT (1990) ICSID ICSID Investment: 67% shareholding in Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), a local oil refinery and storage company.

Summary: Claims arising out of the alleged unfair treatment of SAMIR, a local company majority owned by the claimant, including the seizure of its bank accounts and the prevention of oil tankers from docking and unloading cargo.
67% shareholding in Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), a local oil refinery and storage company. Pending Morocco Sweden Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Radicati di Brozolo, L. - President

Smit, R. H. - Claimant

Malintoppi, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
2 2017 Agro EcoEnergy and others v. Tanzania Agro EcoEnergy Tanzania Limited, Bagamoyo EcoEnergy Limited, EcoDevelopment in Europe AB, EcoEnergy Africa AB v. United Republic of Tanzania (ICSID Case No. ARB/17/33) Sweden - United Republic of Tanzania BIT (1999) ICSID ICSID Investment: Investment of the alleged USD 52 million in developing 20,000 hectares of land to grow sugar cane and produce ethanol.

Summary: Claims arising out of the cancellation by the Government, in 2016, of the claimants’ sugar cane and ethanol project on the grounds that it would have adverse impact on local wildlife.
Investment of the alleged USD 52 million in developing 20,000 hectares of land to grow sugar cane and produce ethanol. Pending Tanzania, United Republic of Sweden Primary: A - Agriculture, forestry and fishing

Secondary: C - Manufacturing
1 - Crop and animal production, hunting and related service activities

20 - Manufacture of chemicals and chemical products
Greenwood, C. - President

Alexandrov, S. A. - Claimant

Adekoya, O. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
3 2015 Hydro Energy 1 and Hydroxana v. Spain Hydro Energy 1 S.à r.l. and Hydroxana Sweden AB v. Kingdom of Spain (ICSID Case No. ARB/15/42) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in renewable energy generation enterprise.

Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.
Investments in renewable energy generation enterprise. Pending Spain Luxembourg

Sweden
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Collins, L. - President

Rees, P. - Claimant

Knieper, R. - Respondent
133.10 mln EUR (154.60 mln USD) Data not available Data not available Pending None None None None None None None
4 2014 Micula v. Romania (II) Ioan Micula, Viorel Micula and others v. Romania (II) (ICSID Case No. ARB/14/29) Romania - Sweden BIT (2002) ICSID ICSID Investment: Interests in Romanian beverage production enterprises.

Summary: Claims arising out of the Government alleged failure to police the alcohol black market, including illicit alcohol sales and tax evasion of illegal alcohol producers, causing an alleged negative impact on claimants' licit alcohol production business in Romania.
Interests in Romanian beverage production enterprises. Pending Romania Sweden Secondary: C - Manufacturing 11 - Manufacture of beverages McRae, D. M. - President

Pryles, M. C. - Claimant (replaced)

Crook, J. R. - Respondent

Beechey, J. - Claimant
Data not available Data not available Data not available Pending None None None None None None None
5 2012 Vattenfall v. Germany (II) Vattenfall AB and others v. Federal Republic of Germany (II) (ICSID Case No. ARB/12/12) The Energy Charter Treaty (1994) ICSID ICSID Investment: Shareholding in two nuclear power plants located in Brunsbüttel and Krümmel, Germany.

Summary: Claims arising out of Germany's enactment of legislation to phase out nuclear power plants in the country by 2022.
Shareholding in two nuclear power plants located in Brunsbüttel and Krümmel, Germany. Pending Germany Sweden Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply van den Berg, A. J. - President

Brower, C. N. - Claimant

Price, D. M. - Claimant (replaced)

Lowe, V. - Respondent
4700.00 mln EUR (5140.00 mln USD) Data not available Data not available Pending Decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 2 July 2013

Decision on the Achmea Issue dated 31 August 2018
None None None None None None
6 2011 Accession Eastern v. Bulgaria Accession Eastern Europe Capital AB and Mezzanine Management Sweden AB v. Republic of Bulgaria (ICSID Case No. ARB/11/3) Bulgaria - Sweden BIT (1994) ICSID ICSID Investment: Indirect shareholding in company that held a waste management concession agreement for the city of Sofia, Bulgaria.

Summary: Claims arising out of the Government's early termination of a 15-year concession to provide waste collection, street cleaning and snow-clearing services in Sofia, Bulgaria, due to alleged health and safety concerns.
Indirect shareholding in company that held a waste management concession agreement for the city of Sofia, Bulgaria. Discontinued Bulgaria Sweden Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Tribunal not constituted 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 Secretary-General dated 23 July 2012, pursuant to ICSID Arbitration Rule 45 None None None None None None
7 2009 Vattenfall v. Germany (I) Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG v. Federal Republic of Germany (I) (ICSID Case No. ARB/09/6) The Energy Charter Treaty (1994) ICSID ICSID Investment: Rights under an agreement concluded between the Vattenfall Group and the Hamburg Government for the construction of a coal-fired power plant known as the Moorburg powerplant.

Summary: Claims arising out of the conduct of the Hamburg government authorities relating to the administrative procedure for the issuing of permits for a new power plant being constructed by Vattenfall Generation at the site of a former plant located at Hamburg-Moorburg.
Rights under an agreement concluded between the Vattenfall Group and the Hamburg Government for the construction of a coal-fired power plant known as the Moorburg powerplant. Settled Germany Sweden Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Lalonde, M. - President

Kaufmann-Kohler, G. - Claimant

Berman, F. - Respondent
1400.00 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
Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 11 March 2011 None None None None None None
8 2005 Micula v. Romania (I) Ioan Micula, Viorel Micula and others v. Romania (I) (ICSID Case No. ARB/05/20) Romania - Sweden BIT (2002) ICSID ICSID Investment: Contributions of over EUR 200 million through the purchase or importation of machinery, raw materials, lands, buildings, equipment and means of transportation for food production facilities in disfavored regions of Romania.

Summary: Claims arising out of the Government's introduction of a series of investment incentives for the development of certain disfavoured regions of Romania and from the subsequent partial withdrawal or amendment of those incentives, in the context of Romania's accession to the European Union.
Contributions of over EUR 200 million through the purchase or importation of machinery, raw materials, lands, buildings, equipment and means of transportation for food production facilities in disfavored regions of Romania. Decided in favour of investor Romania Sweden Secondary: C - Manufacturing 10 - Manufacture of food products Lévy, L. - President

Alexandrov, S. A. - Claimant

Abi-Saab, G. - Respondent

Ehlermann, C.-D. - Respondent (replaced)
2698.00 mln RON (832.90 mln USD) 376.40 mln RON (116.20 mln USD) Indirect expropriation

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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction and Admissibility dated 24 September 2008

Final Award dated 11 December 2013
Separate Opinion of Professor Georges Abi-Saab (Decision on Jurisdiction and Admissibility) ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 26 February 2016 (ICSID annulment proceedings) None von Wobeser, C. - President

Cremades, B. M. - Member

Yusuf, A. A. - Member
9 2001 Nykomb v. Latvia Nykomb Synergetics Technology Holding AB v. The Republic of Latvia The Energy Charter Treaty (1994) SCC SCC Investment: Ownership of local joint stock company holding contractual rights with a State enterprise for an investment project.

Summary: Claims arising out of a dispute over the purchase price to be paid under a contract entered into between claimant's subsidiary and a State enterprise for the building of a cogeneration plant in Latvia.
Ownership of local joint stock company holding contractual rights with a State enterprise for an investment project. Decided in favour of investor Latvia Sweden Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Haug, B. - President

Schütze, R. A. - Unknown

Gernandt, J. - Unknown
7.00 mln LVL (12.30 mln USD) 1.60 mln LVL (2.90 mln USD) Indirect expropriation

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

Arbitrary, unreasonable and/or discriminatory measures
Arbitrary, unreasonable and/or discriminatory measures Arbitral Award dated 16 December 2003 None None None None None None
10 1999 Swembalt v. Latvia Swembalt AB, Sweden v. The Republic of Latvia Latvia - Sweden BIT (1992) UNCITRAL None Investment: Ownership of vessel for the rental of accommodation and office space.

Summary: Claims arising out of the loss of a vessel owned by the claimant which was moored in the Port of Riga with the permission of the relevant Latvian authorities and in accordance with a land lease agreement with the Kurzeme district of Riga.
Ownership of vessel for the rental of accommodation and office space. Decided in favour of investor Latvia Sweden Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Philip, A. - President

Hobér, K. - Claimant

Moller, G. - Respondent
2.80 mln USD 2.50 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

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

Arbitrary, unreasonable and/or discriminatory measures
Decision by the Court of Arbitration (Award) dated 23 October 2000 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Svea Court of Appeal, case Ö 7192-01, dated 1 January 2002 (Judicial review by national courts)

Republic of Latvia v. SwemBalt Aktiebolag, Decision of the Maritime and Commercial Court, Copenhagen, case S-22-01, dated 7 January 2003 (Judicial review by national courts)
None None