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Squire Patton Boggs Successful for Croatia in ICSID Arbitration

Squire Patton Boggs Successful for Croatia in ICSID Arbitration

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Squire Patton Boggs has successfully represented the Republic of Croatia before an International Center for Settlement of Investment Disputes tribunal against a EUR 200 million claim brought by Marko Mihaljevic.

"In the case, Mihaljevic alleged that Croatia breached its obligations under the Croatia-Germany Bilateral Investment Treaty due to its actions related to a property located next to the Mirogoj cemetery, a historical landmark in Zagreb, allegedly owned by the claimant," Squire Patton Boggs informed.

"Mihaljevic had filed his first request for arbitration with ICSID in October 2019," the firm reported. "Shortly after, when he realized that he was a dual citizen of Croatia and Germany, Mihaljevic withdrew this request for arbitration and sought to terminate his Croatian citizenship. He then filed his second request for arbitration with ICSID in December 2019. At the time, under Croatian law, Mihaljevic was still a Croatian citizen – and remained so until May 2020."

According to Squire Patton Boggs, "Croatia claimed that Mihaljevic was precluded from bringing his claim because he failed to meet the jurisdictional requirements under Article 25 of the ICSID Convention, because of his Croatian citizenship. Specifically, Croatia claimed that Mihaljevic was a Croatian citizen on both the date of [his] consent and the date when his second request for arbitration was registered with ICSID."

Consequently, the firm reported that the tribunal agreed and unanimously declined jurisdiction, holding that Mihaljevic was a dual citizen of Croatia and Germany. In addition, the tribunal awarded Croatia all of its costs, including all legal fees.

The Squire Patton Boggs team included Bratislava-based Senior Associate Jakub Kamenicky, as well as lawyers from the firm’s New York and Paris offices.

Croatian Knowledge Partner

Čipčić-Bragadin Mesić & Associates is one of the leading law firms in Croatia that serve companies, credit & financial institutions and public entities. We have been recommended and recognized as the legal experts and service leaders by many leading international legal guides for more than 15 consecutive years. With roots dating from 1928. we now probably have more tradition, experience and market presence than almost any other law firm in Croatia. We work closely with the leading international law firms and consultants so we’re able to manage complex, cross-border projects and deals seamlessly and successfully. Around 85% of our clients are international enterprises doing business in Croatia. List of our clients include some of the world-renowned companies such as Amazon Europe Core, China Machinery Engineering Corporation, Tate & Lyle, Nafta a.s., Unilever Croatia, Unilever Hungary, Lenovo, Innoenergy CE, Flixmobility, Flixbus CEE South, Okoenergie Group, CTC Holding, Bunge Limited, Chipita, Rolls-Royce, Canvas Holidays, Vacalianselect, Redgate Software, Red gate Investment, Yahoo!, Aston Martin Lagonda, Domino Printing UK, Domino Printing Sciences, Goldman Sachs, Deutsche Bank, Barclays Bank, HSBC, State Street Bank, Citigroup Global Markets, Credit Suisse, Bank of America Merill Lynch, Standard Chartered, Och-Ziff Capital Management, Amundi Asset Management, Altima International, Red Arc Global Investments, SMBC Nikko Capital Partners, Royal Bank of Scotland, Morgan Stanley International, J.P. Morgan group, Allianz Global Investors, Schroders, Macquarie Bank, Digital Finance International, Winton Capital Management, Citibank, Invesco Asset Management Österreich, Croatian Pension Investment Company, Unicredit Bank AG etc. We enjoy learning about our clients’ businesses and want to understand them completely so we can provide the best possible and complete service.

All News about, and Legal Analysis by, Čipčić-Bragadin Mesić & Associates can be found here.

Firm's website: cipcic-bragadin.com


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