Eva Dragúňová

Investment Treaty Arbitration Experience

• Representing the Slovak Republic in an ICSID arbitration initiated by Discovery Global LLC, a US exploration company, arising under the US-Slovakia BIT in connection with an alleged expropriation of the claimant’s investment in oil and gas exploration in the Slovak Republic. (ICSID Case No. ARB/21/51)
• Secured a full victory for the Republic of Kosovo in a complex ICC arbitration against a foreign investor Mr. Blerim Devolli operating in the telecommunications sector.
• Secured a full victory for the state of Turkmenistan in an ICSID(AF) dispute brought by Mobile TeleSystems concerning the operation of telecommunication licenses in Turkmenistan. (ICSID Case No. ARB(AF)/18/4)
• Secured a full victory for the Republic of Kosovo in an investment arbitration conducted under the ICC Rules, initiated by Mr. Bedri Selmani. The dispute was related to an alleged investment in a chain of petrol stations in Kosovo.
• Advised the state of Turkmenistan in an ICSID arbitration brought by a foreign investor concerning the construction of grain production facilities and bakeries. (ICSID Case No. ARB/18/35)
• Advised Croatia in an investment arbitration against Hungarian oil and gas company MOL in connection with the privatization and operation of the Croatian oil and gas company INA. The claims, worth in excess of US$1 billion, arose under the Energy Charter Treaty and several commercial agreements between Croatia and MOL. The tribunal rejected most of the claimant's claims on the merits and awarded the claimant less than 20% of the amount claimed. (ICSID Case No. ARB/13/32)
• Advised the State of Libya in a €183 million arbitration relating to a construction project filed by the company Guris Insaat ve Muhedislik before the ICC under the Turkey-Libya BIT. All of the claimant's claims were rejected and Libya was awarded most of its costs. (ICC Case No. 22137/ZF/AYZ)
• Defended the Slovak Republic in an almost €170 million UNCITRAL arbitration against Spółdzielnia Pracy “Muszynianka” arising under the Poland-Slovakia BIT in connection with an alleged indirect expropriation of a company producing mineral water. In 2020, the tribunal rejected all of the investor’s claims for damages. (PCA Case No. 2017-08)
• Defended the Slovak Republic in an ICSID arbitration arising under the US-Slovakia BIT and Canada-Slovakia BIT in connection with an alleged expropriation of a talc mine in the Slovak Republic. In 2017, all of the investors’ claims were rejected for lack of jurisdiction. (ICSID Case No. ARB/14/14)
• Represented the Slovak Republic in an UNCITRAL arbitration against Achmea B.V., a Dutch shareholder in a Slovak private health insurance company. The arbitral tribunal dismissed all claims at the jurisdictional stage and awarded the Slovak Republic most of its legal costs. (PCA Case No. 2013-12)

Commercial Arbitration

• Advised a Czech company in an ICC arbitration against the Czech subsidiary of a listed UK company regarding an M&A dispute. The case settled favorably for the client. (ICC Case No. 23047/MHM)
• Worked on a legal assessment of a possibility to initiate an ICC arbitration by a shopping mall developer with respect to enforcement of liability for defects of construction work in a prime location shopping mall.

Slovak Litigation

• Represented a Slovak municipality in a proceeding before Slovak court on cancellation of an arbitral award issued by a Slovak arbitral court.
• Represented a Slovak municipality in a proceeding before Slovak court on return of unjust enrichment.
• Represented a Slovak municipality in two proceedings before Slovak courts on payment of a contractual penalty.