Cementownia "Nowa Huta" S.A. v. Turkey, ICSID Case No. ARB(AF)/06/2

>Claimant : Cementownia "Nowa Huta" S.A.
>Nationality : Poland
>Respondent : Turkey
>Procedural rules applied : ICSID Additional Facility
>Chair : Pierre Tercier
>Arbitrator appointed by Claimant : Marc Lalonde
>Arbitrator appointed by Respondent : Christopher Thomas
>Invoked instruments : ECT
>Articles mentioned : Article 17 (1)
, Article 10 (1)
, Article 1 (6)
, Article 1 (7)
, Article 13
, Article 26
, Article 44
>Breaches alleged :
- (10.1) Unreasonable or discriminatory measures
> Breaches alleged :
- (10.1) Most constant protection and security
> Breaches alleged :
- (13.1) Expropriation
>Breaches found : No jurisdiction under ECT
>Case status : Award rendered
>Year of the award or agreement : 2009
>Year of registration : 2006

Flowchart
>Subject matter of the dispute: Claims arising out of the alleged unilateral termination of certain concession agreements, followed by the alleged seizure and expropriation of assets of the two hydroelectric plants in which the claimant had invested without compensation
>Amount claimed: USD 4,648,157,411
>Amount awarded: ZERO
>Costs of arbitration: USD 400,000
>Award legal costs: Respondent was awarded USD 4,904,822.06
>Award costs of arbitration: Costs follow the award

ARBITRAL DECISION

17 September 2009