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Investment Dispute Settlement Navigator

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methodology

About

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

General disclaimer

The Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive.

While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. UNCTAD assumes no responsibility for eventual errors or omissions in these data.

We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Please contact us using the online contact form.

Cases included in the Navigator

A case is included in the Navigator if it is:

  • an international arbitration between an investor and a State;
  • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation);
  • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration).

Sources of information and frequency of updating

The information included in the Navigator is collected from publicly available sources. Primary sources (i.e. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable.

The Navigator is updated on a regular, typically biannual, basis. The date of the last update is displayed on the Navigator’s home page.

Methodological notes for the recording of data

Case name

Full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first claimant followed by the words “and others”.

Short case name is ascribed by UNCTAD. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name.

If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. is added to the name of each subsequent case.

Year of initiation

This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used.

Applicable IIA

This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings.

Arbitral rules

These are the arbitral rules in accordance with which the proceedings are conducted. Proceedings that are not subject to any existing set of arbitral rules, i.e. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”.

Administering institution

This is the institution that provides administrative support for the arbitral proceedings. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. SCC or ICC), the relevant institution administers that case. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. PCA). Proceedings may also be conducted without being administered by any institution.

Common abbreviations for administering institutions:

CRCICACairo Regional Centre for International Commercial Arbitration
ICCInternational Chamber of Commerce (International Court of Arbitration)
ICSIDInternational Centre for Settlement of Investment Disputes
LCIALondon Court of International Arbitration
MCCIMoscow Chamber of Commerce and Industry
PCAPermanent Court of Arbitration
SCCStockholm Chamber of Commerce (Arbitration Institute)

Details of investment and summary of the dispute

The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.

The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant.

Economic sector and subsector

This refers to the economic sector to which the investment at issue allegedly belongs. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4).

Status/Outcome of original proceedings

This refers to the current status of the original arbitration proceedings.

  • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA.
  • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor.
  • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor.
  • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason.
  • Pending: the arbitration proceedings are pending. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet.
    Notes:
    • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims.
    • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).
  • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons).

Arbitral decisions rendered

These are decisions rendered by an arbitral tribunal. Included are those decisions that concern the substance of the case and affect the final outcome. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Discontinuance orders and settlement agreements are also recorded if such information is available.

Not included are any other (supplementary) arbitral decisions, e.g. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Similarly, procedural orders issued by arbitral tribunals are not included. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section.

Amounts claimed and awarded

Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration.

Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration.

For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section.

Amounts are recorded in the currency used by the claimant/tribunal. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list.

To enable comparisons between cases, all amounts are also converted to US dollars. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. the date in which the request for arbitration containing this amount was submitted or the date of the final award).

Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Otherwise, it is derived from other publicly available sources that are deemed reliable. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided.

If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded.

IIA breaches alleged and found

Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable.

Information about breaches found is primarily derived from the arbitral decisions. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable.

Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings.

Composition of tribunal

These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators).

The disputing party (i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction).

In case an arbitrator has been replaced by another individual (e.g. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded.

Follow-on (post-award) proceedings

Follow-on (post-award) proceedings include three types of legal proceedings:

  • ICSID annulment proceedings;
  • Judicial review by national courts (set-aside proceedings); and
  • ICSID resubmission proceedings.

Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ICSID annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).

Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded.

The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded.

Link to Italaw’s case page

The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents.

A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand.

Additional information

This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources.

Number of cases as respondent State
1 60
Updated as of 31 December 2017

Austria - as home State

Clear selection
Loaded 21 out of 21 Show all
No. Year of
initiation
Short case
name
Summary Outcome of
original proceedings
Respondent
State
Home State
of investor
1 2017 Addiko Bank v. Croatia Addiko Bank AG and Addiko Bank d.d. v. Republic of Croatia (ICSID Case No. ARB/17/37) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available Data not available Data not available Data not available Pending None None None None None None None
2 2017 Addiko Bank v. Montenegro Addiko Bank AG v. Montenegro (ICSID Case No. ARB/17/35) Austria - Montenegro BIT (2001) ICSID ICSID Investment: Investments in the banking industry in Montenegro.

Summary: Claims arising out of the legislation, passed by Montenegro in 2015, requiring the conversion into Euros of mortgages held in Swiss Francs.
Investments in the banking industry in Montenegro. Pending Montenegro Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available Data not available Data not available Data not available Pending None None None None None None None
3 2017 Erste & Steiermärkische Bank and others v. Croatia Erste & Steiermärkische Bank d.d., Erste Group Bank AG, and Steiermärkische Bank und Sparkassen AG v. Republic of Croatia (ICSID Case No. ARB/17/49) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available 150.00 mln EUR (180.00 mln USD) Data not available Data not available Pending None None None None None None None
4 2017 Raiffeisen v. Croatia Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia (ICSID Case No. ARB/17/34) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in the banking industry in Croatia.

Summary: Claims arising out of the law that prescribed a change in the currency of loans, issued in Croatia, from Swiss Franc to the Euro.
Investments in the banking industry in Croatia. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Data not available Data not available Data not available Data not available Pending None None None None None None None
5 2016 ESPF and others v. Italy ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH, and InfraClass Energie 5 GmbH & Co. KG v. Italian Republic (ICSID Case No. ARB/16/5) The Energy Charter Treaty (1994) ICSID ICSID Investment: Investments in renewable energy generation enterprise.

Summary: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects.
Investments in renewable energy generation enterprise. Pending Italy Austria

Germany
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Álvarez, H. C. - President

Pryles, M. C. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
6 2016 Kunsttrans v. Serbia Kunsttrans Holding GmbH and Kunsttrans d.o.o. Beograd v. Republic of Serbia (ICSID Case No. ARB/16/10) Austria - Serbia BIT (2001) ICSID ICSID Investment: Art storage contract concluded with the National Museum of Serbia.

Summary: Claims arising out of a contract signed in 2006 between the National Museum of Serbia and the claimant for the storage of the Museum’s art collection during a planned renovation. The Museum allegedly failed to pay over EUR 500,000 in rental fees for the use of the art storage facility that the claimant had constructed in 2007.
Art storage contract concluded with the National Museum of Serbia. Pending Serbia Austria Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Townsend, J. M. - President

Alexandrov, S. A. - Claimant

Landau, T. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
7 2016 UniCredit Bank and Zagrebačka Banka v. Croatia UniCredit Bank Austria AG and Zagrebačka Banka d.d. v. Republic of Croatia (ICSID Case No. ARB/16/31) Austria - Croatia BIT (1997) ICSID ICSID Investment: Investments in banking services and debt instruments.

Summary: Claims arising out of Croatia’s law on conversion of loans denominated in Swiss francs into loans denominated in euros, requiring the claimants to adjust the respective terms of contract with customers and convert loans.
Investments in banking services and debt instruments. Pending Croatia Austria Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Reichert, K. - Claimant

Low, L. A. - President

Olik, M. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
8 2015 Nabucco v. Turkey Nabucco Gas Pipeline International GmbH in Liqu. v. Republic of Turkey (ICSID Case No. ARB/15/26) Austria - Turkey BIT (1988)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Rights under a contract for the construction and operation of a major natural gas pipeline Nabucco, which was intended to enable gas transit from the Caspian Sea to Europe.

Summary: Claims arising out of the cancellation of a contract for the construction and operation of a major natural gas pipeline Nabucco.
Rights under a contract for the construction and operation of a major natural gas pipeline Nabucco, which was intended to enable gas transit from the Caspian Sea to Europe. Settled Turkey Austria Tertiary: D - Electricity, gas, steam and air conditioning supply

Primary: B - Mining and quarrying
35 - Electricity, gas, steam and air conditioning supply

6 - Extraction of crude petroleum and natural gas
Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding dated 5 November 2015 None None None None None None
9 2015 Strabag v. Libya Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1) Austria - Libya BIT (2002) ICSID AF ICSID Investment:

Summary: Claims arising out of alleged non-payment for services under contracts entered into prior to the revolution in Libya and damages for the alleged theft of equipment post-revolution.
Pending Libya Austria Tertiary: F - Construction 42 - Civil engineering Crivellaro, A. - Claimant

Ziadé, N. - Respondent

Crook, J. R. - President
80.00 mln USD Data not available Data not available Pending None None None None None None None
10 2014 Casinos Austria v. Argentina Casinos Austria International GmbH and Casinos Austria Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/14/32) Argentina - Austria BIT (1992) ICSID ICSID Investment: Rights under a gambling license granted by the Government of Salta province in Argentina to claimant's local subsidiary, Entretenimientos y Juegos de Azar S.A. (ENJASA).

Summary: Claims arising out of the revocation by an Argentinean province of a license to operate games of chance and lottery held by claimant's local subsidiary under alleged concerns of money laundering.
Rights under a gambling license granted by the Government of Salta province in Argentina to claimant's local subsidiary, Entretenimientos y Juegos de Azar S.A. (ENJASA). Pending Argentina Austria Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities van Houtte, H. - President

Schill, S. - Claimant

Torres Bernárdez, S. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
11 2013 EVN v. Bulgaria EVN AG v. Republic of Bulgaria (ICSID Case No. ARB/13/17) Austria - Bulgaria BIT (1997)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Majority shareholding (67 per cent) in two Bulgarian-based electricity and supply companies.

Summary: Claims arising out of alleged actions by Bulgarian regulatory authorities and government agencies in relation to the pricing of electricity and compensation for public obligations in respect to renewable energy.
Majority shareholding (67 per cent) in two Bulgarian-based electricity and supply companies. Pending Bulgaria Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Veeder, V. V. - President

Price, D. M. - Claimant

Dupuy, P.-M. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
12 2012 Gavrilovic v. Croatia Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39) Austria - Croatia BIT (1997) ICSID ICSID Investment: Ownership and operation of a meat processing factory; ownership of related agricultural and grazing land in Croatia.

Summary: Claims arising out of disagreements over claimants' title to agricultural and grazing land for the investor's meat processing business in Croatia that led to unsuccessful domestic litigation for Mr. Gavrilovic and his company and the alleged subsequent statutory expropriation of his lands and commercial properties.
Ownership and operation of a meat processing factory; ownership of related agricultural and grazing land in Croatia. Pending Croatia Austria Secondary: C - Manufacturing 10 - Manufacture of food products Pryles, M. C. - President

Alexandrov, S. A. - Claimant

Scherer, M. - Respondent (replaced)

Thomas, J. C. - Respondent
193.00 mln EUR (210.60 mln USD) Data not available Direct expropriation Pending Decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question dated 21 January 2015 None None None None None None
13 2011 Loutraki v. Serbia Club Hotel Loutraki S.A. and Casinos Austria International Holding GMBH v. Republic of Serbia (ICSID Case No. ARB/11/4) Austria - Serbia BIT (2001)

Greece - Serbia BIT (1997)
ICSID ICSID Investment: Rights under a licensing agreement regarding the operation of casinos in and around Belgrade.

Summary: Claims arising out of a partnership between the claimants and the Serbian national lottery in the development of a casino in Belgrade.
Rights under a licensing agreement regarding the operation of casinos in and around Belgrade. Settled Serbia Greece

Austria
Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Orrego Vicuña, F. - President

Grigera Naón, H. A. - Claimant

Sekolec, J. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 18 January 2012, pursuant to ICSID Arbitration Rule 44 None None None None None None
14 2009 EURAM Bank v. Slovakia European American Investment Bank AG v. The Slovak Republic Austria - Slovakia BIT (1990) UNCITRAL PCA Investment: Acquisition, through EURAM's Slovak subsidiary E.I.C., a.s., of a 51 per cent stake in the health insurance company APOLLO zdravotná poisťovňa, a.s.

Summary: Claims arising out of various legislative measures introduced by Slovakia that allegedly constituted a systematic reversal of the previous liberalisation of the Slovak health insurance market that had prompted the claimant to invest in the Slovak Republic’s health insurance sector.
Acquisition, through EURAM's Slovak subsidiary E.I.C., a.s., of a 51 per cent stake in the health insurance company APOLLO zdravotná poisťovňa, a.s. Decided in favour of State Slovakia Austria Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Greenwood, C. - President

Petsche, A. - Claimant

Stern, B. - Respondent
131.00 mln EUR (178.40 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Transfer of funds
None - jurisdiction declined Award on Jurisdiction dated 22 October 2012

Second Award on Jurisdiction dated 4 June 2014

Award on Costs dated 20 August 2014
None None None None None None
15 2009 EVN v. Macedonia EVN AG v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/10) The Energy Charter Treaty (1994)

Austria - Macedonia, The former Yugoslav Republic of BIT (2001)
ICSID ICSID Investment: Majority shareholding (90 per cent) in an electricity distribution and supply company, EVN Macedonia AD; rights under an agreement for the sale and purchase of State-owned shares in Macedonia's national electricity distributor concluded between the claimant and Macedonia's Ministry of Economy.

Summary: Claims arising out of EVN's acquisition of Macedonia's national electricity distributor and a decision by a domestic court finding the claimant liable for pre-existing debts to ELEM, Macedonia’s state electricity company that used to own the firm, under certain share purchase agreement.
Majority shareholding (90 per cent) in an electricity distribution and supply company, EVN Macedonia AD; rights under an agreement for the sale and purchase of State-owned shares in Macedonia's national electricity distributor concluded between the claimant and Macedonia's Ministry of Economy. Settled Macedonia, The former Yugoslav Republic of Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bernardini, P. - President

Orrego Vicuña, F. - Claimant

Lowe, V. - Respondent
160.00 mln EUR (229.10 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 2 September 2011 None None None None None None
16 2008 Al-Bahloul v. Tajikistan Mohammad Ammar Al-Bahloul v. The Republic of Tajikistan (SCC Case No. 064/2008) The Energy Charter Treaty (1994) SCC SCC Investment: Rights under four hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan.

Summary: Claims arising out of the Government's alleged failure to ensure the issuance of licenses pursuant to several hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan's State Committee for Oil and Gas for four areas (Rengan, Sargazon, Yalgyzkak and East Soupetau) in Tajikistan.
Rights under four hydrocarbon exploration agreements concluded between Mr. Al-Bahloul and Tajikistan. Decided in favour of neither party (liability found but no damages awarded) Tajikistan Austria Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Hertzfeld, J. M. - President

Happ, R. - Claimant

Zykin, I. S. - Respondent
228.00 mln USD
Non-pecuniary relief
0.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause Partial Award on Jurisdiction and Liability dated 2 September 2009

Final Award dated 8 June 2010
None None None None None None
17 2008 Austrian Airlines v. Slovak Republic Austrian Airlines v. The Slovak Republic Austria - Slovakia BIT (1990) UNCITRAL None Investment: Majority shareholding in a Slovakian airline.

Summary: Claims arising out of the alleged Government's liability for debts of a Slovakian airline in which the claimant had invested and that ceased to operate amidst financial problems.
Majority shareholding in a Slovakian airline. Decided in favour of State Slovakia Austria Tertiary: H - Transportation and storage 51 - Air transport Kaufmann-Kohler, G. - President

Brower, C. N. - Claimant

Trapl, V. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause
None - jurisdiction declined Final Award dated 9 October 2009 Separate Opinion of Charles N. Brower (Final Award) None None None None None
18 2007 Adria Beteiligungs v. Croatia Adria Beteiligungs v. Croatia Austria - Croatia BIT (1997) UNCITRAL PCA Investment: Rights under two joint venture agreements concluded with the state-owned Croatian Lottery to exploit gaming arcades and casinos in Croatia.

Summary: Claims arising out of the termination of the claimant's concession to operate casinos and gambling halls in Croatia, in the context of Croatia's war of independence in 1991.
Rights under two joint venture agreements concluded with the state-owned Croatian Lottery to exploit gaming arcades and casinos in Croatia. Decided in favour of State Croatia Austria Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Hobér, K. - President

Kaplan, N. - Unknown

Sikiric, H. - Unknown
80.00 mln EUR (107.60 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage Award dated 21 June 2010 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Ruling on the Application to Set-Aside the Award by the Hague Court dated 15 August 2012 (Judicial review by national courts) None None
19 2007 ALAS International v. Bosnia and Herzegovina ALAS International Baustoffproduktions AG v. Bosnia and Herzegovina (ICSID Case No. ARB/07/11) Austria - Bosnia and Herzegovina BIT (2000) ICSID ICSID Investment: Majority shareholding in a newly-privatized Bosnian cement manufacturing company.

Summary: Claims arising out the alleged Government's failure to prevent a local State-owned company from breaching a long-term supply agreement with ALAS’s local subsidiary.
Majority shareholding in a newly-privatized Bosnian cement manufacturing company. Settled Bosnia and Herzegovina Austria Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Weil, P. - President

Schwebel, S. M. - Claimant

Vasiljević, M. - Respondent
Data not available Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 27 December 2007, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
20 2007 Alpha Projektholding v. Ukraine Alpha Projektholding GmbH v. Ukraine (ICSID Case No. ARB/07/16) Austria - Ukraine BIT (1996) ICSID ICSID Investment: Contributions made in connection with joint investment activities agreements concluded between the parties concerning a project to renovate and operate a hotel in Kiev, giving rise to certain legal rights and interests.

Summary: Claims arising out of the investor's modernization of a four star hotel complex in Kiev followed by Ukraine's alleged expropriation of the hotel by turning it into a public corporation and transferring its assets, co-owned by the respondent, to a company solely owned by Ukraine without compensation.
Contributions made in connection with joint investment activities agreements concluded between the parties concerning a project to renovate and operate a hotel in Kiev, giving rise to certain legal rights and interests. Decided in favour of investor Ukraine Austria Tertiary: F - Construction

Tertiary: I - Accommodation and food service activities
41 - Construction of buildings

55 - Accommodation
Robinson, D. R. - President

Turbowicz, Y. A. - Claimant

Alexandrov, S. A. - Respondent
11.40 mln USD 2.90 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

National treatment
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award dated 8 November 2010 None None None None None None
21 2004 Erste Bank v. India Erste Bank Der Oesterreichischen Sparkassen AG v. Republic of India Austria - India BIT (1999) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available 42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available