Seven different investment arbitrations.
Over the past several years, Arnold & Porter has served as lead counsel to the Czech Republic in the defense of seven investment arbitrations. Six of these cases have yielded complete victories for the Czech Republic. One case is still ongoing.
On 2 May 2017, the firm secured a complete dismissal of all claims brought by German investors Antaris GmbH and Dr. Michael Göde based on the Czech Republic’s alleged breach of the Energy Charter Treaty and the Czech-German bilateral investment treaty (BIT) related to an investment in the solar power industry. The tribunal ordered the claimants to pay to the Czech Ministry of Finance USD 2 million in attorneys fees and costs.
On 11 October 2017, the firm secured a complete dismissal of all claims filed by Jürgen Wirtgen, Stefan Wirtgen, Gisela Wirtgen and JSW Solar (zwei) GmbH & Co.KG in an investment arbitration under UNCITRAL rules under the Germany-Czech Republic BIT.
On 15 May 2019, four other arbitral awards favorable to the Czech Republic were issued, also relating to investments in the Czech solar power sector, in which the claimants were WA Investments-Europa Nova Ltd (Cyprus), I.C.W. Europe Investments Ltd (UK), Voltaic Network GmbH (Germany), and Photovoltaik Knopf Betriebs-GmbH (Germany), respectively. The claims in the four cases were asserted under the Energy Charter Treaty, as well as under the Czech bilateral investment treaties with Cyprus, the UK, and Germany, respectively. The arbitral tribunal dismissed all of the claims against the Czech Republic (some on the merits and others on jurisdictional grounds), and ordered the claimants to reimburse the Czech Republic for a portion of its arbitration costs.