We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

GPF GP SARL V THE REPUBLIC OF POLAND

Lloyd's Law Reporter

GPF GP SARL V THE REPUBLIC OF POLAND

[2018] EWHC 409 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Bryan, 2 March 2018

Arbitration - Jurisdiction - Bilateral Investment Treaty - Vienna Convention 1971 - Arbitration Act 1996, section 67

A Bilateral Investment Treaty between the Governments of Poland, Belgium and Luxembourg, effective from 2 August 1991, required arbitration of "disputes relating to expropriation, nationalization or any other similar measures affecting investments, and notably the transfer of an investment into public property, placing it under public supervision as well as any other deprivation or restriction of property rights by state measures that lead to consequences similar to expropriation". GPF, a Luxembourg company, brought arbitration proceedings alleging that various measures of the Polish authorities, culminating in a decision of the Warsaw Court of Appeal, under which GPF was prevented from developing buildings in Warsaw, constituted a failure to award GPF fair and equitable treatment and also amounted to measures having an effect similar to direct or indirect expropriation.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more