Arbitral Digest

Matter

Blue Gas Holding and investors v Republic of Poland (Svea Court of Appeal, 20 December 2023)

Applicable rules
SCC Rules
  1. 30 June 2021Arbitration

    30 June 2021Arbitration

    Arbitral Award dated 30 June 2021, with correction and addendum dated 30 July 2021

    Stockholm Chamber of Commerce Arbitration Institute

    Decision summary
    The tribunal rejected Poland's jurisdictional objection and dismissed the investors' claims. It ordered the investors jointly to bear the costs of the proceedings and to reimburse Poland for part of its procedural costs; the award was later corrected and supplemented.

    Supporting details

    3 participants
    P.D.
    Four additional investors
    Republic of Poland
    Stockholm Chamber of Commerce Arbitration Institute

    2 years, 5 months and 20 days later · 903 days

  2. 20 December 2023Sweden

    20 December 2023Sweden

    Judgment of the Svea Court of Appeal in the Blue Gas Holding case dated 20 December 2023

    Svea Court of Appeal

    Decision summary
    The Svea Court of Appeal held that the arbitral award could be declared invalid only in part. It invalidated the award as to the EU investors' dispute with Poland, while leaving the cost determination in force and declining to invalidate or set aside the award as to P.D., the investor from a non-EU country.

    Supporting details

    11 authorities · 5 participants
    P.D.
    Four additional investors
    Republic of Poland
    Svea Court of Appeal

    Authorities cited

    11
    • Energy Charter Treaty
      treaty
    • Swedish Arbitration Act (Act (1999:116) on Arbitration)
      statute
    • Treaty on European Union
      treaty
    • Treaty on the Functioning of the European Union
      treaty
    • Achmea (Case C-284/16, EU:C:2018:158)
      case-law
    • Komstroy (Case C-741/19, EU:C:2021:655)
      case-law
    • PL Holdings (Case C-109/20, EU:C:2021:875)
      case-law
    • Achema
      case-law
    • Eco Swiss (Case C-126/97, EU:C:1999:269)
      case-law
    • Heuman, JT 2014/15 p. 446
      academic
    • Lindskog, Arbitration, A Commentary, 3rd ed. (2020), pp. 922–923 (Lindskog, Skiljeförfarande, En kommentar, 3 uppl., 2020, s. 922 f.)
      academic

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Blue Gas Holding and investors v Republic of Poland (Svea Court of Appeal, 20 December 2023) · Matter