Thursday, February 25, 2016

MSP for termination of agreements on mutual protection and promotion of investments – Gazeta Wyborcza

  -> ,validPeriod=,recurring=false,paymentUnfinished=false,unfinishedOrderId=,offerId=,lastPayment=,inProgressOrderId=,consentOrderId=,capVisible=false,email=,emailHash=,marketingMessage=,loginChannel=,loginMode=] ->


 
 
 
 
 
 


 

 
 
 

 

 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
   
   
 
 
 
 
# reach information from the message MSP #

 
 
 
 
 
 
 
 
 
 
 
 
 
                          
 


                 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
         


Article open within the free limits subscription digital

          1 ->

25.02. Warsaw (PAP / PAP Legislation) - It seems that it is the termination of agreements on mutual promotion and protection of investments (BIT) - said in the Sejm deputy head of Treasury Mikołaj Wild. Ministry added in a statement that - in his opinion - it is necessary to revise the maintenance of such agreements with the EU.

Deputy Treasury Minister Mikolaj Wild responded Thursday to questions about PiS deputies. Proceedings pending before international arbitrażami investment, or the size of the amounts claimed in these proceedings by foreign investors from Polish.

Resort in the evening message said that currently in progress is 11 proceedings of investment in which the value of the dispute is estimated at 8-9 billion zł.

The Treasury wrote that the experience Attorney General Treasury MSP "considers it necessary to revise the maintenance of international agreements on mutual promotion of investments with other countries within the European Union."

"Agreement BIT provides that a foreign investor may, at any situation in which it finds that he has suffered damages to sue the country before international arbitration. Currently, at least part of the contracts does not appear to meet the targets set a few decades ago when they were they signed "- justified the resort.

He explained that the agreement BIT raise doubts in the EU, including from the point of view of free movement of capital. "They assume the low standards of law and jurisprudence, and the idea that accompanied the formation of the European Union assumes comparability of law and jurisprudence in the member states" - indicated MSP.

The Ministry added that the obligation to extinguish the intra-BIT agreements as early as 3 June 2011. Took the then minister of the economy. "If the inter-analysis of these contracts will indicate the necessity of notice, the government will conduct a compliance with international law and good manners" - assured the resort.

He recalled that the current Poland BIT agreements were concluded in the late 80s and in the 90s of the twentieth century, "when the confidence of foreign investors to the Polish and the legal system was low, and the country needed capital."

"Today, the argument about the legitimacy of maintaining special tools to protect investments from EU countries seems to be out of date, and the same procedures are often used as an additional element of pressure on the Polish side in economic relations, rather than legal," - summed up SMEs.

Resort remarked that if the government decides to terminate any contract BIT, executor of this decision will be Development Minister and Chancellor of the Exchequer and which is under the supervision of the Office of the Attorney "will support him."

Also the Wild recalled in the Sejm, that such an agreement on mutual promotion of investments (so-called. BIT Bilateral Investment Treaty) were concluded mainly in the 90s and had a guarantee to investors that the state will not be arbitrarily wkraczało in their rights. Such an agreement, a foreign investor may, at any situation in which it finds that the harm suffered, to sue the country before international arbitration.

"The key element is the distrust of institutional investors to justice and for this reason these agreements were concluded to encourage (investors) in the 90s was a certain guarantee that investors will not be dependent on certain political conditions. in our opinion, we have reached this stage of development of democracy, that the courts guarantee the examination of the case in a way uniezależniony from political influence, and therefore there is no reason to maintain the preference of investors "- continued the Deputy Minister.

Wild emphasized that the issue of arbitration of investment is one of the most important when it comes to protecting the interests of the Treasury. He estimated that the proceedings conducted before the international arbitration of investment are a "fairly significant threat," although so far Poland wins these things. The ministry reported in a statement that the effectiveness of our website - usually represented by the Attorney General SP - is 97 percent.

Wild in the Parliament stressed that each of these proceedings, even won, the costs of the order of 3-4 million zł for the Treasury. They do not necessarily manage to recover the money from foreign investors who sue our country.

"For this reason, it seems that it is not only the termination of these agreements, but also as soon as possible to bring their loss of legal force, ie. Shortening the transition period in which the contract after termination will continue to apply . Therefore, the leadership of the MSP was decided that after all the profit and loss analysis, lead to extinction as soon as possible of these agreements, "- said the deputy minister.

In his view, the transfer of such disputes to adjudication before the Polish courts did not adversely affect the rights of investors. "Certainly greater legal certainty will be maintained so that investors like any other entrepreneur operating in Poland, their claims will be judged according to certain legal norms, not always the case for arbitration of investment," - he added.

Deputy Minister said that Poland has signed a total of 60 agreements on mutual protection and promotion of investments. (PAP)

         


         


Article open within the free limits

Why so much look for?

Subscribe to digital Electoral available through the internet, phone, tablet and eReader from 19.90 per month

         
 
 
 
 
 
 
 


 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
        
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
                                     
                                     
                                     
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
  

 
 
 


 
 

 
 
 
 

 
 
   
 
 
 
 

 
 
 

 
 
 
 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 

LikeTweet

No comments:

Post a Comment