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It is now clear that Huawei is taking Sweden to court in an international arbitration tribunal, because the Chinese telecom giant was ported from the Swedish 5G network. The claim for damages initially amounts to at least SEK 0,6 billion, but could land at 3 billion dollars or more
Already a year ago, Huawei threatened to sue the Swedish state, after the Swedish Post and Telecom Agency (PTS) decided to exclude the company from the Swedish 5G structure. In a formal letter to then-Prime Minister Stefan Löfven and Foreign Minister Ann Linde, the Chinese telecom giant referred to a bilateral investment protection agreement (BIT) from 1982 - which was updated in 2004 with an addendum enabling a so-called arbitration procedure. A few days ago, it was clear that the company is moving from word to deed. On January 21, the request for arbitration was registered by the International Arbitration Court ICSID, and now the document has become public. To me the BIT agreements between state only regulates standing investments and not the right to invest, but still it will be an interesting trial and might be a very costly one for me personally.
To sue Sweden in this way, with this type of very high claims for damages, is a way of discouraging other countries that are also facing whether to include Huawei in their 5G expansion.
The reason that Huawei was excluded from the swedish telecommarket was due to national security issues and the secuity police chief has previously said that: "the Chinese state is conducting cyber espionage to promote its own economic development and develop its military capabilities. This is done through extensive intelligence gathering and theft of technology, research and development. This is what we must relate to when the 5G network of the future is built. We can not compromise with Sweden's security "
So question is also will the swedish intelligence service present proof of this if it is required to save money for us Swedish taxpayers or not, or do they have nothing but rumors? (I have a hard time believing it, it would be a very un-Swedish behavior to say such a thing without having more than well documented evidence, but you never know)
Already a year ago, Huawei threatened to sue the Swedish state, after the Swedish Post and Telecom Agency (PTS) decided to exclude the company from the Swedish 5G structure. In a formal letter to then-Prime Minister Stefan Löfven and Foreign Minister Ann Linde, the Chinese telecom giant referred to a bilateral investment protection agreement (BIT) from 1982 - which was updated in 2004 with an addendum enabling a so-called arbitration procedure. A few days ago, it was clear that the company is moving from word to deed. On January 21, the request for arbitration was registered by the International Arbitration Court ICSID, and now the document has become public. To me the BIT agreements between state only regulates standing investments and not the right to invest, but still it will be an interesting trial and might be a very costly one for me personally.
To sue Sweden in this way, with this type of very high claims for damages, is a way of discouraging other countries that are also facing whether to include Huawei in their 5G expansion.
The reason that Huawei was excluded from the swedish telecommarket was due to national security issues and the secuity police chief has previously said that: "the Chinese state is conducting cyber espionage to promote its own economic development and develop its military capabilities. This is done through extensive intelligence gathering and theft of technology, research and development. This is what we must relate to when the 5G network of the future is built. We can not compromise with Sweden's security "
So question is also will the swedish intelligence service present proof of this if it is required to save money for us Swedish taxpayers or not, or do they have nothing but rumors? (I have a hard time believing it, it would be a very un-Swedish behavior to say such a thing without having more than well documented evidence, but you never know)
Huawei brings ICSID claim against Sweden over 5G ban
Chinese telecoms giant Huawei has made good on its threat to bring an investment treaty claim against Sweden over its exclusion from the rollout of 5G network technology amid national security concerns.