The British-Serbian activist group Earth Thrive says Rio Tinto has notified the Serbian government of plans to initiate arbitration proceedings linked to the halted Jadar project. The reported move cites a bilateral investment treaty (BIT) between Serbia and the United Kingdom. Earth Thrive’s claim was first made public through the platform Investment Arbitration Reporter.
Jadar project halt and public protests in early 2022
The Investment Arbitration Reporter recalls that the Jadar project was halted in early 2022 following public protests. It also notes that the suspension occurred just before elections. Serbian officials at the time described the project’s stoppage as a “political” decision.
During that period, Rio Tinto hinted at the possibility of starting arbitration against Serbia. The company said it had obtained legal advice intended to ensure it would be treated fairly and that its investment would not be affected by unlawful, unreasonable, or discriminatory actions.
Notice of dispute and uncertainty over next steps
Earth Thrive says the Investment Arbitration Reporter confirmed Rio Tinto submitted a notice of dispute to Serbia. The report attributes assistance to the law firm Freshfields Bruckhaus Deringer and again points to the Serbia-UK BIT as the basis for the claim. It remains unclear whether Rio Tinto has taken further steps beyond submitting the notice.
The article also states that it is not known whether any recent developments could affect this potential arbitration. The Investment Arbitration Reporter said it will continue monitoring developments related to the dispute.
Investor-state arbitration framework cited in the reporting
The Investment Arbitration Reporter states that the BIT provides for investor-state arbitration under rules of ICSID, ICC, or UNCITRAL. This framework is referenced in connection with Rio Tinto’s reported notice of dispute and related events tied to the halted Jadar project.