Prairie Mining
Type of claim and jurisdiction
Bilateral Investment Treaty claim and Energy Charter Treaty claim brought against Poland and heard together in the Permanent Court of Arbitration.
Brief summary of claim
The claim arises out of the Claimants’ investment in the Jan Karski and Debiensko coal mines in Poland. It is alleged that Poland unlawfully expropriated the Claimants’ investments and committed other breaches of the BIT due to its actions and inactions over a period of time in relation to the Claimants’ concession agreements. The Claimants sustained substantial damages and eventually lost their entire investment.
Law Firm acting/ specialisation
Boies Schiller Flexner (UK) LLP (Tim Foden). Tim is a highly experienced treaty claim specialist with strong mining sector experience.
LCM committed capital
USD 10.8m
Structuring
Single case funding.
Current status
The evidential hearing took place in November 2022 and the award is awaited.
Contribution by LCM
Flexibility re funding. Funding opex expenditure as well as legal costs.
