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Bilaga 2

General Counsel
to the Republic of Poland

Hoża 76/78, 00-682 Warsaw
tel. +48 22 392 3109, fax +48 22 392 3120
PROKURATORIA.GOV.PL

ARBITRAL PROCEEDINGS

BEFORE THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER
OF COMMERCE

FESTORINO INVEST LIMITED,

FOSONTAL LIMITED,

PETRA SALESNY,

PETER DERENDINGER and

PETR ROJICEK

Claimants

v.

THE REPUBLIC OF POLAND

Respondent

SCC ARBITRATION V 2018/098

RESPONDENT’S STATEMENT OF COSTS

23 OCTOBER 2020

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1. In accordance with the Tribunal’s request contained in an e-mail communication of 15 October 2020, Respondent hereby submits its Statement of Costs.

2. Respondent upholds its hitherto position as expressed in its written submissions ((i) para 727 of SoD; (ii) para 735(3) of Rejoinder and (iii) para 92(3) of Respondent’s Post-Hearing Brief). Consequently, Respondent respectfully requests the Tribunal to order Claimants to pay Respondent the costs of these arbitration proceedings, fixed in accordance with Articles 49 and 50 of the 2017 SCC Arbitration Rules, i.e. including the Costs of the Arbitration incurred by Respondent, as well as the fees and expenses relating to Respondent’s legal representation, in-house costs, fees and expenses of any expert appointed by Respondent or Tribunal, and all other reasonable costs, with interest from the date of the award to the date of payment. For avoidance of any doubt, Respondent respectfully requests that the Tribunal burden Claimants with (i) the entire Costs of the Arbitration (in accordance with Article 49 of the 2017 SCC Arbitration Rules) and (ii) with the entire costs incurred by the Parties in this arbitration (in accordance with Article 50 of the 2017 SCC Arbitration Rules).

3. Respondent made all the payments in PLN, even if the invoices were issued in different currencies (EUR, USD or GBP). Thus, the reimbursement should be made also in PLN.

4. Respondent’s legal representation in the said proceedings was based on the services provided by the counsels of the Office of the General Counsel to the Republic of Poland (“General Counsel” or “General Counsel to the Republic of Poland”). The value of work in the investment arbitrations is assessed by the General Counsel on hourly-rate basis. The hourly rate applied by the General Counsel amounts to PLN 300 (approx. 70 EUR).

5. Respondent submits that a part of the costs, as expressly indicated in the table below, are attributable to the Republic of Poland represented by the Ministry of Climate and Environment and the other part of the costs is attributable to the Republic of Poland represented by the General Counsel to the Republic of Poland. The above results from the separation of those state authorities under Polish law and for the state budgetary purposes.

6. Respondent also notes that the costs incurred by the Republic of Poland represented by the Ministry of Climate and Environment may increase, inter alia, due to the Tribunal’s works on the preparation of the final award. Of course, also such additional costs should

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be reimbursed by Claimants to the Republic of Poland represented by the Ministry of Climate and Environment.

7. For the above reasons, Respondent respectfully requests the Tribunal to expressly order, in accordance with the below table, that (i) the first relevant part of the costs be paid by Claimants in favour of the Republic of Poland represented by the Ministry of Climate and Environment and (ii) the other relevant part in favour of the Republic of Poland represented by the General Counsel to the Republic of Poland.

COSTS INCURRED BY THE MINISTRY OF CLIMATE AND ENVIRONMENT

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COSTS INCURRED BY THE GENERAL COUNSEL TO THE REPUBLIC OF POLAND

COSTS OF LEGAL REPRESENTATION PROVIDED BY THE GENERAL COUNSEL TO THE REPUBLIC OF POLAND

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Respectfully submitted on behalf of the Republic of Poland,

RADCA
Prokuratorii Generalnej
Rzeczypospolitej Polskiej

Signature

Rafał Poździk