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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Transparency in Investment Treaty Arbitration

Legal Tribune Online (LTO)  interviewed, in an article a couple of days ago, Moritz Renner of Humboldt University,Berlin, on the subject of transparency in investor treaty arbitration.

The main theme of LTO’s article is the lack of transparency of arbitration proceedings. Moritz Renner argues that the lack of transparency jeopardizes or even violates public interest. More precisely, he criticizes that there is no way to find out whether the arbitrators did take public interest into account when rendering the award. What he would like to see are procedural safeguards that make sure that public interest and public policy arguments are being heard. Continue reading