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Indian investor wins BIT claim against Poland in UNCITRAL arbitration (Flemingo DutyFree Shop Private Ltd v The Republic of Poland)

Indian investor wins BIT claim against Poland in UNCITRAL arbitration (Flemingo DutyFree Shop Private Ltd v The Republic of Poland)
Published on: 25 November 2016
Published by: LexisPSL
  • Indian investor wins BIT claim against Poland in UNCITRAL arbitration (Flemingo DutyFree Shop Private Ltd v The Republic of Poland)
  • Original news
  • Background
  • The tribunal’s position
  • Is forum shopping legitimate?
  • Takeaways for Indian investors

Article summary

Arbitration analysis: In a recently published award in an investment arbitration under the United Nations Commission on International Trade Law (UNCITRAL) Rules of Arbitration, administered by the Permanent Court of Arbitration (PCA) in the Hague, an Indian investor has succeeded in a claim brought under the India-Poland Bilateral Investment Treaty of 1966. The tribunal awarded the investor over €20 million, holding that the suspension of leases and key contracts by a Polish state owned entity amounted to expropriation and a violation of fair and equitable treatment provisions. Vyapak Desai, partner and head of international litigation and dispute resolution at Nishith Desai Associates, and two members of his team, Durga Priya Manda and Niyati Gandhi, discuss the case and its implications for Indian investors. or take a trial to read the full analysis.

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