Republic of Poland v PL Holdings S.Á.R.L, legal opinion for submission to the Swedish Supreme Court (Högsta domstolen)

Republic of Poland ./. PL Holdings S.Á.R.L,
Case No. T 1569-19

The opinion deals with questions such as

• whether an EU Member State court is required to set aside an intra-EU investor-State arbitral award within the respective national procedures providing for setting aside due to a lack of a valid arbitration agreement,
• whether a domestic procedural rule of an EU Member State providing for limitation periods violate the principle of effectiveness and, hence, have to be disregarded if its application would result in an intra-EU investor-State arbitral award, which is violating the principle of autonomy of EU law, could not be set aside,
• whether it would be possible for an EU Member State court to construe on the basis of its domestic law an implicit arbitration agreement that would mimic the scope and content of an arbitration agreement concluded on the basis of an intra-EU bilateral investment treaty,
• whether an award that arose out of intra-EU investor-State arbitration incompatible with the principle of autonomy of EU law must be invalidated by an EU Member State court if arbitral awards are also invalidated on failure to observe national rules of public policy.