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Eureko BV v. Republic of Poland

ICSID (Arbitration Tribunal).  19 August 2005 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Whether breach of contract or breach of treaty — Whether conduct of State organ an act of State — Whether corporate rights an asset — Whether contractual rights to IPO an asset — Whether waiver of BIT claims — Whether breach of BIT by omission as well as by act — Relevance of umbrella clause

Expropriation — Change in privatization strategy — Whether breach of obligation to treat fairly and equitably — Whether breach of obligation to provide full security and protection — Relevance of umbrella clause

Type
Case Report
Copyright
© Cambridge University Press 2007

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