Arbitral Digest

Matter

PL Holdings S.à.r.l. v Poland (Svea Court of Appeal, 22 February 2019)

Seat
Sweden
Applicable rules
SCC Rules
  1. 28 June 2017Sweden

    28 June 2017Sweden

    Partial Award dated 28 June 2017

    Arbitration Institute of the Stockholm Chamber of Commerce

    Decision summary
    The tribunal found that Poland had breached its obligations under the investment treaty by expropriating PL Holdings' shareholding in a Polish bank and held that PL Holdings was entitled to damages; the quantum phase was resumed without an award of damages at that stage.

    Supporting details

    2 participants
    PL Holdings S.à.r.l.
    Republic of Poland
    Arbitration Institute of the Stockholm Chamber of Commerce

    3 months later · 92 days

  2. 28 September 2017Sweden

    28 September 2017Sweden

    Final Award dated 28 September 2017

    Arbitration Institute of the Stockholm Chamber of Commerce

    Decision summary
    The tribunal ordered Poland to pay PL Holdings 653,639,384 Polish zloty in damages, together with interest and costs.

    Supporting details

    2 participants
    PL Holdings S.à r.l.
    Republic of Poland
    Arbitration Institute of the Stockholm Chamber of Commerce

    1 year, 1 month and 3 days later · 398 days

  3. 31 October 2018Germany

    31 October 2018Germany

    Decision of the German Federal Court of Justice in case I ZB 2/15 dated 31 October 2018

    German Federal Court of Justice

    Decision summary
    The court set aside the arbitral award in the Achmea dispute on the ground that there was no arbitration agreement between the parties.

    3 months and 22 days later · 114 days

  4. 22 February 2019Sweden

    22 February 2019Sweden

    Judgment of the Svea Court of Appeal dated 22 February 2019

    Svea Court of Appeal

    Decision summary
    The court declared the arbitral awards invalid because the manner in which they were made was manifestly incompatible with the foundations of the Swedish legal order. It held that the investment dispute was arbitrable and addressed the effect of the Achmea judgment on the arbitration agreement and the awards.

    Supporting details

    14 authorities · 5 participants
    PL Holdings S.à r.l.
    Republic of Poland
    Svea Court of Appeal

    Authorities cited

    14
    • Swedish Arbitration Act (1999:116)
      statute
    • Treaty on the Functioning of the European Union, Articles 267 and 344 (Treaty on the Functioning of the European Union (TFEU), Articles 267 and 344)
      treaty
    • Article 85(1) of the EC Treaty
      treaty
    • 1993 Directive on unfair terms in consumer contracts
      legislation
    • Achmea (Case C-284/16, Achmea, EU:C:2018:158)
      case
    • Eco Swiss (Case C-126/97, Eco Swiss, EU:C:1999:269)
      case
    • Mostaza Claro (Case C-168/05, Mostaza Claro, EU:C:2006:675)
      case
    • NJA 2012 s. 790
      case
    • NJA 2015 s. 438
      case
    • German Federal Court of Justice decision in Achmea (German Federal Court of Justice, 31 October 2018, I ZB 2/15)
      case
    • Government Bill 1998/99:35
      preparatory work
    • Heuman, Skiljemannarätt (1999), p. 600
      academic commentary
    • Lindskog, Skiljeförfarande, section 2.1.2
      academic commentary
    • Lindskog, Commentary on section 33 of the Swedish Arbitration Act, section 4.2.1
      academic commentary

Matter record

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PL Holdings S.à.r.l. v Poland (Svea Court of Appeal, 22 February 2019) · Matter