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On 23 November 2009 an arbitral tribunal issued the final award in a case brought against Poland by Nordzucker AG. Nordzucker requested compensation for Poland withdrawing from the sale of several Polish sugar plants during the privatisation of the Polish sugar sector in 2000-2001.
Although Nordzucker had acquired sugar plants giving it an 8% share in the Polish sugar market, the investor stated that it had had legitimate expectations of acquiring further sugar plants comprising the so-called Gdansk Group and the Szczecin Group, which would have given it a total of 20% of the Polish sugar market.
Nordzucker AG had originally demanded EUR 185 million in compensation, though it later reduced its claim to EUR 154 million and approx. EUR 3 million in arbitration costs. The investor was represented in the dispute by attorneys from White & Case, Paris and Warsaw offices. Poland was represented by attorneys from the Polish law firm Domański Zakrzewski Palinka, Professor Grzegorz Domański, Julita Zimoch-Tuchołka and Krzysztof Zakrzewski, supported by a team of lawyers at the Polish law firm.
In a partial award issued in February 2009, the tribunal dismissed the majority of the claims raised by Nordzucker and, in particular, decided that Nordzucker had not had any legitimate expectations of acquiring the Gdansk and the Szczecin Groups of sugar plants. The tribunal also found that the Polish authorities had negotiated with Nordzucker in good faith and that, contrary to the investor’s assertions, Poland's decisions had been neither arbitrary nor based on political or nationalistic reasons. The tribunal did, however, find that Poland had breached its treaty obligations by failing to finalise the sale process within a reasonable time and by failing to communicate transparently with Nordzucker during the last period of the sales process.
In the final award the tribunal not only dismissed all Nordzucker AG’s claims for damages but also ordered the investor to pay part of Poland’s arbitration costs, as the Tribunal found that there was no causal link between Poland’s breach of the treaty and the damages claimed by Nordzucker.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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