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2014
Flemingo DutyFree v. Poland Flemingo DutyFree Shop Private Limited v. Republic of Poland
Applicable IIA
Nationality of the parties
Poland
India
Summary of matters at issue
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.
Economic sector and subsector
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
47 - Retail trade, except of motor vehicles and motorcycles
Arbitral rules and administering institution
UNCITRAL
PCA (Permanent Court of Arbitration)
Composition of tribunal
van Houtte, H.
Townsend, J. M.
Kühn, W.
Status/Outcome of original proceedings
Decided in favour of investor
Decisions rendered
Amount of compensation
81.60 mln EUR (91.10 mln USD)
17.90 mln EUR (20.00 mln USD)
IIA breaches alleged/found
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
Follow-on proceedings
None
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