Sunday, January 18, 2015

Eureko BV and the Slovak Republic


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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