Arbitral Digest

Matter

Z.O. v Georgia (Supreme Court of Sweden T 9380-24)

  1. 12 November 2024Sweden

    12 November 2024Sweden

    Judgment of the Svea Court of Appeal in the case T 11278-22 dated 12 November 2024

    Svea Court of Appeal

    Decision summary
    The Svea Court of Appeal held that the most-favoured-nation clause could not establish jurisdiction for the arbitral tribunal and confirmed that jurisdiction was lacking, without deciding Georgia's other jurisdictional objections.

    1 year, 7 months and 14 days later · 591 days

  2. 26 June 2026Sweden

    26 June 2026Sweden

    Judgment of the Supreme Court of Sweden in the case T 9380-24 dated 26 June 2026

    Supreme Court of Sweden

    Decision summary
    The Supreme Court held that Article 3 of the UK–Georgia investment protection agreement, together with Article 10 of the Georgia–BLEU investment protection agreement, gives the arbitral tribunal jurisdiction to hear Z.O.'s investment dispute, subject to the requirements in Article 10. It remitted those remaining jurisdictional requirements to the Svea Court of Appeal, granted leave to appeal on the remaining issues, set aside the Court of Appeal's judgment, and remitted the case for continued proceedings.

    Supporting details

    14 authorities · 11 participants
    Z.O.
    Representative
    M.A. (For: Z.O.)
    Representative
    T.I. (For: Z.O.)
    Georgia
    Representative
    A.J. (For: Georgia)
    Representative
    A.M. (For: Georgia)
    Supreme Court of Sweden

    Authorities cited

    14
    • Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Georgia for the Promotion and Protection of Investments (UK–Georgia Agreement for the Promotion and Protection of Investments, 15 February 1995)
      treaty
    • Agreement between the Belgo-Luxemburg Economic Union and the Republic of Georgia on the Reciprocal Promotion and Protection of Investments (BLEU–Georgia Agreement on the Reciprocal Promotion and Protection of Investments, 23 June 1993)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (SÖ 1966:51)
      convention
    • Vienna Convention on the Law of Treaties (SÖ 1975:1)
      convention
    • Swedish Arbitration Act (Act (1999:116) on Arbitration)
      statute
    • Swedish Code of Judicial Procedure
      statute
    • Belgor (NJA 2019 s. 171)
      case
    • Fruits et Légumes (NJA 2003 s. 379)
      case
    • Arbitral Award of 3 October 1899 [Guyana v. Venezuela], Jurisdiction of the Court, Judgment (I.C.J. Reports 2020, p. 455, paras. 112–115)
      case
    • Commentaries on Selected Model Investment Treaties by Chester Brown and Audley Sheppard (Oxford University Press 2013, p. 728)
      academic
    • Report of the Study Group on the Most-Favoured-Nation Clause (Yearbook of the International Law Commission 2015, vol. II, Part Two, p. 163 at 112 and p. 205 at 116)
      academic
    • Draft Articles on the Law of Treaties with Commentaries (Yearbook of the International Law Commission 1966, vol. II, p. 219)
      academic
    • Vienna Convention on the Law of Treaties: A Commentary by Oliver Dörr and Kirsten Schmalenbach (2nd ed. 2018, p. 584)
      academic
    • UK Model IPPA (June 1991) (UNCTAD/DTCI/30 (Vol. III), International Investment Instruments: A Compendium, p. 185 ff.)
      model instrument
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral tribunal jurisdiction decision in Z.O. v Georgia

    Arbitration Institute of the Stockholm Chamber of Commerce

    Decision summary
    The arbitral tribunal held that Z.O. was a British investor, accepted jurisdiction under the most-favoured-nation clause in Article 3 of the UK–Georgia investment protection agreement together with Article 10 of the Georgia–BLEU investment protection agreement, and rejected Georgia's other jurisdictional objections.

    Supporting details

    2 participants
    Z.O.
    Georgia
    Arbitration Institute of the Stockholm Chamber of Commerce

Matter record

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Z.O. v Georgia (Supreme Court of Sweden T 9380-24) · Matter