Reproduced from www.worldbank.org/icsid with permission of ICSID.
Case Report (free download)
Case Report by Oisin Challoner, Editor Ignacio Torterola
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.
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.
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