Key
S.67 - section 67 challenge; tribunal has no jurisdiction
S.68 - procedural irregularity; very high bar to have that granted, and if so then decision goes back to same tribunal to fix the issue (the irregularity)
S.69 - appeal on point of law
Article 34 - Singapore challenge, basically same as 67/68; that’s the five challenges you’ll see later
BIT award: PCA No.2020-52; AU-Poland BIT; SONIA + 1% interest from 31 Dec 2019 to award date
ECT award: PCA No.2021-06; UNICTRAL rules, 72% of BIT claim to match UK subs 72% ownership of the project company
Overall award: 34% of the £737mn claimed
Counsel: Tim Foden; big stamp of approval
Litigation Funder: LCM
Project: Jan Karski; coking-coal project
Project story: nothing seized; GreenX (Then called Prairie) had proven resource so hard priority right to mining concession; so they apply but get no response from Ministry of Environment, which is just a stall, but in the meantime State-owned LW Bogdanka obtained rights overlapping the area Prairie had priority rights to
In short: concession blocked by Environmental Ministry dep, area exploited by state-owned company, like with EML; this is a national treatment claim, not expropriation
Enforcement work proceeds below…
