GreenX Metals Limited (formerly Prairie Mining Limited) v. Republic of Poland

In 2020, GreenX Metals Limited (formerly Prairie Mining Limited), an Australian mining company, initiated arbitration proceedings against Poland. The claim was filed under the Energy Charter Treaty (ECT) and the bilateral investment treaty (BIT) between Poland and Australia. GreenX Metals alleges that Polish authorities have unfairly obstructed the development of its two coal-mining projects (i.e., Jan Karski and Debiensko), seeking over USD 1 billion in damages. On October 8, 2024, the arbitral tribunal issued its award under UNCITRAL rules, determining that Poland had violated its obligations regarding GreenX’s Jan Karski project in Lublin province by failing to grant a mining concession and instead awarding it to a local competitor (violation of the NT standard). However, the tribunal rejected GreenX’s claims related to the Dębieńsko project. The tribunal, comprising Klaus Sachs (Germany, presiding), Brigitte Stern (France), and Peter Rees (England), awarded GreenX £252 million (A$490 million) under the BIT and £183 million (A$355 million) under the ECT.