On 2 March 2018, Mr Justice Bryan handed down judgment in a landmark investment treaty case between GPF GP S.à.r.l and the Republic of Poland. The applicant (GPF) successfully set aside an investor-state award on jurisdiction rendered by an arbitral tribunal sitting in London (under the Stockholm Chamber of Commerce rules) pursuant to section 67 of the Arbitration Act 1996. Mr Justice Bryan’s judgment accepted GPF’s arguments on treaty interpretation, the application of the pro tem principle, and the applicable principles of international law concerning creeping expropriation, concluding that the tribunal had unduly narrowed its own jurisdiction. It is believed to be the first time an investor state award has been set aside by an English Court.
Ricky Diwan QC acted for GPF, instructed by Adrian Giles of Dentons London.
