Frankfurt Court of Appeals Upholds Arbitration Clause in BIT Arbitration – Eureko v. Slovak Republic

In a judgment last week, the Frankfurt Court of Appeals (Oberlandesgericht) found against the Slovak Republic, and confirmed an arbitral award in favour of the validity of an arbitration clause in a bi-lateral investment treaty (BIT). The court held that a Dutch health insurance provider was entitled to commence arbitration proceedings against the Slovak Republic in relation to alleged breaches of the BIT.  Both the tribunal and the court dismissed the Slovak’s argument that its membership in the EU deprived the tribunal of jurisdiction.

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