RE: Lack of clarity about the timeline for succesful receipt of cash.10 Oct 2024 10:41
Hi Rider, the info you require is all contained within the RNS as below extract. There is no route to appeal and the decision is final. Poland may try and use some delaying tactics, but ultimately it will cost them, as we receive interest from now until full payment is received. The day before the announcement the SP was at 35p, on news of a company making £252m award we are now sat at just 42.5p a paltry 21% increase, and only the average SP over the last couple of years. Shocking market reaction in my opinion and priced as if there is a good chance we won't receive the cash (which simply won;t happen). Hold patiently for a re-rate.
"The Claim was brought under the United Nations Commission on International Trade Law Rules (UNCITRAL) and the Awards are final and binding on the parties. The UNCITRAL Rules do not provide for an appeal procedure i.e., grant no explicit authority to a panel to reconsider its award. Under the UNCITRAL Rules, either party may, within 30 days of receiving an award, ask the Tribunal to correct any computational, clerical or typographical errors in the award, issue an interpretation of the award or render an additional award on any claims omitted from the final award. These procedures do not allow either party to request that the Tribunal reconsider the merits of its decision.
If a party believes that an award ought to be "set-aside" or "annulled", then that party must apply for relief from a court where the arbitration was seated, which would be the national courts of England and Wales for the BIT claim and Singapore for the ECT claim. Poland has 28 days from the date of the BIT Award and three months from receiving the ECT Award to apply for set aside of the respective Awards, which can only be set aside under limited circumstances. It is important to note that a "set-aside" motion is different from a general "appeal" since a set-aside motion can in general only relate to a lack of jurisdiction on the part of the Tribunal or procedural unfairness, unlike an appeal, where the actual merits of a case might be revisited by a court. In summary, Poland cannot initiate any post award proceedings to re-examine the Tribunal's decision on the merits of the case. The threshold to succeed on a "set-aside" motion in either the Singapore or English domestic courts is high, with courts in both jurisdictions rejecting set-aside applications in the vast majority of cases."