Arbitral Digest

Matter

BTS Holding, a.s. v. Slovakia

Seat
France
Applicable rules
ICC Arbitration Rules
  1. 8 June 2012France

    8 June 2012France

    ICC Tribunal award dated 8 June 2012

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The ICC Tribunal ordered the National Property Fund of Slovakia to pay BTS Holding EUR 1,894,597.52 in principal and interest of 14.25% per annum on EUR 1,853,584.45 from 13 March 2009 until full payment.

    Supporting details

    3 participants
    BTS Holding, a.s.
    National Property Fund of Slovakia
    International Court of Arbitration of the International Chamber of Commerce
    Institutional administrator
    International Court of Arbitration

    2 years, 2 months and 7 days later · 798 days

  2. 15 August 2014Slovakia

    15 August 2014Slovakia

    Bratislava II District Court decision of 15 August 2014

    Bratislava II District Court

    Decision summary
    The Bratislava II District Court allowed the National Property Fund’s objection to enforcement of the ICC arbitration award.

    Supporting details

    2 participants
    BTS Holding, a.s.
    National Property Fund of Slovakia
    Bratislava II District Court

    7 months and 16 days later · 228 days

  3. 31 March 2015Slovakia

    31 March 2015Slovakia

    Bratislava Regional Court decision of 31 March 2015

    Bratislava Regional Court

    Decision summary
    The Bratislava Regional Court upheld the decision allowing the National Property Fund’s objection to enforcement of the ICC arbitration award.

    Supporting details

    2 participants
    BTS Holding, a.s.
    National Property Fund of Slovakia
    Bratislava Regional Court

    6 months and 19 days later · 203 days

  4. 20 October 2015Slovakia

    20 October 2015Slovakia

    Bratislava II District Court decision of 20 October 2015

    Bratislava II District Court

    Decision summary
    The Bratislava II District Court terminated the enforcement proceedings after the decision allowing the objection became final and binding.

    Supporting details

    2 participants
    BTS Holding, a.s.
    National Property Fund of Slovakia
    Bratislava II District Court

    1 year and 19 days later · 385 days

  5. 8 November 2016Slovakia

    8 November 2016Slovakia

    Constitutional Court decision of 8 November 2016

    Constitutional Court of Slovakia

    Decision summary
    The Constitutional Court declared BTS Holding’s constitutional complaint inadmissible.

    Supporting details

    2 participants
    BTS Holding, a.s.
    National Property Fund of Slovakia
    Constitutional Court of Slovakia

    5 years, 7 months and 22 days later · 2060 days

  6. 30 June 2022International

    30 June 2022International

    Judgment of the European Court of Human Rights in the case of BTS Holding, a.s. v. Slovakia dated 30 June 2022

    European Court of Human Rights (First Section)

    Case no.
    55617/17
    Citation
    Application no. 55617/17
    Decision summary
    The Court found that Slovakia’s refusal to enforce the final and binding ICC arbitration award violated Article 1 of Protocol No. 1. It found no need for a separate ruling on the complaints under Articles 6 and 13, awarded EUR 30,000 for costs and expenses, and reserved the question of pecuniary damage.

    Supporting details

    15 authorities · 14 participants
    BTS Holding, a.s.
    Representative
    W. Plesser (For: BTS Holding, a.s.)
    Representative
    T. Kustor (For: BTS Holding, a.s.)
    Slovak Republic
    Representative
    M. Bálintová (For: Slovak Republic)
    European Court of Human Rights (First Section)
    Other
    Tribunal secretary
    Renata Degener

    Authorities cited

    15
    • Convention for the Protection of Human Rights and Fundamental Freedoms
      treaty
    • Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms
      treaty
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards
      treaty
    • Arbitration Proceedings Act (Law no. 244/2002 Coll., as amended)
      statute
    • Enforcement Code (Law no. 233/1995 Coll.)
      statute
    • Code of Civil Procedure (Law no. 99/1963 Coll., as amended)
      statute
    • French Code of Civil Procedure
      statute
    • ALMEDIA spol. s r.o. v. Slovakia (no. 55631/12, 6 November 2018)
      case-law
    • Stran Greek Refineries and Stratis Andreadis v. Greece (9 December 1994, Series A no. 301-B)
      case-law
    • Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania (no. 47848/08, ECHR 2014)
      case-law
    • Iatridis v. Greece (ECHR 2000-XI)
      case-law
    • Borovská and Forrai v. Slovakia (no. 48554/10, 25 November 2014)
      case-law
    • Burdov v. Russia (no. 59498/00, ECHR 2002-III)
      case-law
    • Sporrong and Lönnroth v. Sweden (23 September 1982, Series A no. 52)
      case-law
    • Beyeler v. Italy ([GC], no. 33202/96, ECHR 2000-I)
      case-law

Matter record

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BTS Holding, a.s. v. Slovakia · Matter