Article from: TDM 5 (2006), in Case Comments & Awards
Note: updated version 02/2007
The fact that an investor can bring a claim arising out of an investment dispute against a state is decreasingly surprising to the observer, but the reverse is still a rarity, even more so when it happens in form of a counterclaim based on a BIT. Generally, only few cases exist, or have been published, which can provide some insight as to how the procedure functions when it is the host state which starts proceedings. In none of them the state relied on a BIT. The decision in Saluka Investments B.V. v Czech Republic - rendered already on 7 May 2004, but published only ...