In 2012, the Higher Regional Court of
Frankfurt-am-Main confirmed the interim award on jurisdiction in the Eureko
BV v Slovak Republic dispute. In
the arbitration, the UNCITRAL tribunal had rejected Slovakia's argument that
the Slovakia/Netherlands BIT was terminated by virtue of Slovakia's accession
to the EU and ruled that it had jurisdiction. Slovakia appealed the Frankfurt
court's decision confirming that award to the German Federal Court of Justice.
In the meantime, the arbitral tribunal made an award on the merits and
Slovakia's challenge to that award is pending before the Frankfurt court. In
light of the challenge to the merits award, the Federal Court of Justice issued
a procedural order on 19 September 2013, stating that it did not consider it
necessary to decide on the validity of the interim award on jurisdiction, as
the award on the merits had been issued before the state courts had finally
determined the jurisdictional matter. On 30 April 2014, the Federal Court of
Justice issued a final decision dismissing the appeal to have the interim award
set aside and confirming its reasoning as set out in its procedural order dated
19 September 2013.
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