We have covered these proceedings between the Slovak Republic and Eureko, a Dutch health insurance provider before. At the heart of the matter is the issue whether European law rendered arbitration clauses in intra-EU bilateral investment treaties (BITs), that is, in BITs between EU member states, inapplicable. To the best of my knowledge these are the first court proceedings addressing the issue: In May 2012, the Frankfurt Court of Appeals upheld an arbitral award that ruled on jurisdiction and arbitrability and held that the tribunal had authority to hear damages claims by Eureko against the Slovak Republic under the Netherlands/Czechoslovakia BIT of 1991. Continue reading
With the year end in sight, I looked back at what posts you read most in 2013. The three main categories that Dispute Resolution Germany covers – arbitration, litigation and mediation – are all represented. Investment arbitration emerges as THE hot topic, with four entries in the top ten. Arbitration in total accounts for seven posts. Here are the top ten posts: Continue reading
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.