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Daujotas, Rimantas; Griguolaite, Rita --- "LITHUANIA" [2019] ELECD 2744; in Nagy, Csongor (ed), "Investment Arbitration in Central and Eastern Europe" (Edward Elgar Publishing, 2019) 237

Book Title: Investment Arbitration in Central and Eastern Europe

Editor(s): Nagy, Csongor

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: LITHUANIA

Author(s): Daujotas, Rimantas; Griguolaite, Rita

Number of pages: 24

Abstract/Description:

The Chapter provides the overview of the history of Poland’s experience with investment treaty arbitration, featuring all publicly known cases. The chapter opens with a presentation of the policy and treaty landscape in Poland in relation to the international investment treaties. The conclusion of the international investment treaties by Poland is associated with the political, social, legal and economic transformation which occurred in Poland after the fall of the Communism, as well as with the association agreement with the EU (the so-called Europe Agreement), which encouraged Poland to sign investment protection treaties with the then existing Member States of the European Union. Poland has not joined, however, the ICSID Convention, and it has never developed its own model bilateral investment treaty. This part of the chapter also presents the changing posture that Poland has displayed towards these treaties over the last years, including the recent and ongoing process of termination of the intra-EU bilateral investment treaties, in the wake of the change of powers in Poland following the 2015 presidential and parliamentary elections and the Achmea judgment of the CJEU from March 2018. The Chapter then features the Polish law framework applicable to international arbitral awards, and to protection of property under Polish law, including the principles of liability under Polish law for acts and omissions of public authorities. The following section of the Chapter offers the summaries of all known investment treaty cases, both against Poland and brought by Polish investors. It explains the distinct factual background that led to the treaty claims and the outcomes of those disputes. The Chapter ends with concluding remarks, describing the impact that the investment treaty claims had both on the improvement of Polish administration and on the attitude displayed by the state to this dispute resolution method. It foresees that the changes which have been taking place in Poland after 2015 are likely to produce a number of investment treaty claims.