Amlyn Holding B.V. v. Croatia, ICSID Case No. ARB/16/28

  • >Claimant : Amlyn Holding B.V.
  • >Nationality : Netherlands
  • >Respondent : Croatia
  • >Procedural rules applied : ICSID
  • >Chair : Stephen Drymer
  • >Arbitrator appointed by Claimant : Stanimir Alexandrov
  • >Arbitrator appointed by Respondent : Brigitte Stern
  • >Invoked instruments : ECT
  • >Breaches alleged :  
  • >Breaches found :(10.1) Fair and equitable treatment
  • >Case status : Award rendered
  • >Year of the award or agreement : 2021
  • >Year of registration : 2016

  • >Subject matter of the dispute: Claims arising out of a series of measures that allegedly delayed and frustrated the claimant’s biomass power plant project, including the cancellation of a power purchase agreement with the Energy Market Operator and legislative changes that allegedly deprived the claimant of its status as an eligible power producer 
  • >Amount claimed: EUR 71.1 million
  • >Amount awarded: ZERO (breach of the ECT but no damages awarded) 
  • >Costs of arbitration: N/A
  • >Award legal costs: Claimant was awarded EUR 1.1 million (25% of legal costs)
  • >Award costs of arbitration: Costs follow the award 

 


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