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Dutch Court of Appeal—court orders investor to withdraw claim in BIT-arbitration (Poland v LC Corp)

Published on: 03 June 2025
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Article summary

Arbitration analysis: On 22 April 2025, the Amsterdam Court of Appeal granted Poland’s request for an order prohibiting a Dutch investor from pursuing a claim for expropriation in London-seated arbitral proceedings administered by the Permanent Court of Arbitration (PCA). The court’s order is immediately enforceable and requires the Dutch investor to cooperate in a joint request to the arbitral tribunal to terminate the ongoing arbitral proceedings within two weeks of the judgment date. A penalty of €100,000 per day will become payable to Poland for every day the Dutch investor fails to comply with this order. The court further declared that the offer to arbitrate contained in the Dutch Polish Bilateral Investment Treaty (BIT) was invalidated by the Court of Justice decision in Slowakische Republik v Achmea BV Case C- 284-16, and the joint statement of EU Member States on 15 January 2019, which stated that any offer to arbitrate intra-EU investment disputes violates EU law. The...

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