Case report (free download)
Case report by Maria Choi and Katherine Sanoja
In its Final Award of November 24, 2015, an International Centre for Settlement of Investment Disputes ("ICSID") tribunal unanimously denied the claims brought by a US investor against Poland. In a majority opinion, the Tribunal found that the dispute related to "a matter of taxation" under the Article VI(2) of the Poland-US BIT. Even though the Tribunal accepted that the Privatization Agreement is an investment agreement, the Tribunal, by a majority, found that the scope of its jurisdiction was limited to the Claimants' claims related to expropriation and transfer of funds because the dispute did not relate to the observation and enforcement of an investment agreement. In a unanimous opinion, the Tribunal rejected the Claimants' claims, finding that the actions of the tax authorities did not amount to unlawful expropriation or interference with transfer of funds.
Case report provided by International Arbitration Case Law (IACL)