ISDS Case Map
Poland
According to the Svea Court of Appeal, Achmea does not preclude states and investors within the European Union from entering into an arbitration agreement regarding a specific dispute.
The Polish General Counsel has announced that Airbus Helicopters has withdrawn its application for international arbitration over its dispute with Poland.
The Invenergy group has submitted a notice of arbitration against Poland citing violations of Invenergy’s rights as a foreign investor and clear breaches of Poland’s obligations under the United States-Poland bilateral investment treaty.
The English High Court has set aside parts of an award concerning claims brought by Griffin against Poland; Poland has reserved the right to argue the compatibility of the BIT with EU law.
US clean energy company Invenergy LLC has notified the Polish authorities it plans to turn to international arbitration over its wind investments in the country, if no settlement is reached within six months.
Poland is looking to block part of the Comprehensive Economic and Trade Agreement (Ceta) between the EU and Canada, over concerns for a planned mechanism for resolving disputes.
On 18 July 2017 the Polish Council of Ministers submitted to the Parliament a draft proposal allowing the President to unilaterally terminate the Poland-Portugal BIT
One question arising in the case of Poland terminating its BITs is what implications this has on the rights of foreign investors.
Poland is clearly sceptical regarding investment protection granted by BITs containing an ISDS system in a current form.
