Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID. (Document, does not apply to summary and/or TDM IACL Case Report below).

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Case Report (free download)

Case Report by Oisin Challoner, Editor Ignacio Torterola

Summary

Claimants brought an action for relief against the Slovak Republic pursuant to the US-Slovakia and Canada-Slovakia BITs alleging that the Slovak Republic breached, inter alia,fair and equitable treatment, full protection and security, and expropriation protections in the BITs in relation to an investment in a talc deposit in the Košice region of the Slovak Republic. The Tribunal concluded that it lacked jurisdiction over the dispute in relation to either claimant due to the lack of continuity of the investment's claim through an alleged de facto merger under Utah law and, ultimately, the date upon which the alleged claim had accrued under the BITs' ratione temporis.

Main issues

validity of a merger under domestic law for jurisdictional purposes under the BIT; estoppel of respondent state in relation to jurisdiction; dispute's accrual for the purposes of the BITs jurisdiction ratione temporis.

EuroGas Inc and Belmont Resources Inc v Slovak Republic - ICSID Case No. ARB/14/14 - Award of the Tribunal - 18 August 2017

Case report provided by International Arbitration Case Law (IACL)

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