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2008
Mercuria Energy v. Poland Mercuria Energy Group Limited v. Republic of Poland
Nationality of the parties
Poland
Cyprus
Summary of matters at issue
Ownership of a Polish subsidiary, J&S Energy, engaged in the import, distribution and marketing of oil products.
Claims arising out of the Government's implementation of a European Union Directive calling for an increase in the mandatory fuel reserves held by firms and its alleged negative impact upon Mercuria's Polish subsidiary J&S Energy engaged in the importation of fuel.
Economic sector and subsector
Primary: B - Mining and quarrying
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
6 - Extraction of crude petroleum and natural gas
46 - Wholesale trade, except of motor vehicles and motorcycles
Arbitral rules and administering institution
SCC (Stockholm Chamber of Commerce)
SCC (Stockholm Chamber of Commerce)
Composition of tribunal
Tercier, P.
Lowe, V.
van den Berg, A. J.
Status/Outcome of original proceedings
Decided in favour of State
Decisions rendered
Decision on Jurisdiction dated 17 December 2009
Final Award dated December 2011
Amount of compensation
400.00 mln USD
Data not available
IIA breaches alleged/found
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - all claims dismissed at the merits stage
Follow-on proceedings
None
Link to Italaw's case page