Mercuria Energy Group Ltd. v. Poland, SCC Case No. 096/2008

>Claimant : Mercuria Energy Group Ltd.
>Nationality : Cyprus
>Respondent : Poland
>Procedural rules applied : SCC
>Chair : Pierre Tercier
>Arbitrator appointed by Claimant : Vaughan Lowe
>Arbitrator appointed by Respondent : Albert Jan van den Berg
>Invoked instruments : ECT
>Articles mentioned : Article 10 (1)
, Article 13
>Breaches alleged :
- (10.1) Fair and equitable treatment
> Breaches alleged :
- (10.1) Unreasonable or discriminatory measures
> Breaches alleged :
- (13.1) Expropriation
>Breaches found : No breach
>Case status : Award rendered
>Year of the award or agreement : 2011
>Year of registration : 2008

>Subject matter of the dispute:Government's implementation of a EU Directive calling for an increase in the mandatory fuel reserves held by firms and its alleged negative impact upon Mercuria's Polish subsidiary engaged in the importation of fuel
>Amount claimed: estim. USD 700 million
>Amount awarded: ZERO
>Costs of arbitration: N/A
>Award legal costs: N/A
>Award costs of arbitration: Claimant bears 75% of the costs