2014
Flemingo DutyFree v. Poland Flemingo DutyFree Shop Private Limited v. Republic of Poland
Poland
India
Indirect 80.68% shareholding in BH Travel Retail Poland Sp. z o.o. (“BH Travel”), which held certain lease agreements for retail stores at Warsaw Chopin Airport.
Claims arising out of the Polish Airports State Enterprise’s termination of lease agreements for retail stores at Warsaw Chopin Airport entered into with BH Travel, a duty-free operator in which the claimant held indirect interests.
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
47 - Retail trade, except of motor vehicles and motorcycles
UNCITRAL
PCA (Permanent Court of Arbitration)
van Houtte, H.
Townsend, J. M.
Kühn, W.
Decided in favour of investor
81.60 mln EUR (91.10 mln USD)
17.90 mln EUR (20.00 mln USD)
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

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

Indirect expropriation
None