Reversing A Tribunal's Negative Jurisdiction Decision

Successful challenges to arbitral awards made in London are rare. It is also unusual for the English courts to be asked to consider the scope of protections arising under a bilateral investment treaty ("BIT"). It is even more unusual for a court to overturn a tribunal's finding that it did not have jurisdiction. In a recent case all three occurred: the English Commercial Court in GPF GP Sàrl v The Republic of Poland [2018] EWHC 409 (Comm) set aside a ruling of a tribunal that it lacked jurisdiction to hear certain claims arising under the BIT between Belgium/Luxembourg and Poland.

The facts

In 2008 Griffin, the Luxembourg-incorporated claimant, invested in a development project in Warsaw on land formerly used as a military barracks. The Warsaw Monuments Conservator had already said it supported the development. However, in 2009 the Conservator reversed that decision, and, based on this, the City of Warsaw refused to issue a new building permit. Griffin challenged those decisions through the Polish courts; and while that challenge proceeded, the Conservator ordered a halt to demolition work at the property and added...