Summary

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Case Report (free download)

Case Report by Daniel Brawn, Edited by Ignacio Torterola

Summary

In its Partial Award on jurisdiction and liability rendered on 17 March 2006, the Tribunal held that it had jurisdiction to hear the Claim but not the Counterclaim; that the Respondent had not breached Article 5 of the bilateral investment treaty between the Netherlands and the Czech Republic; that the Respondent had breached Article 3 of that Treaty; that the question of quantum should be addressed in a second phase of the arbitration, for which the Tribunal would determine a timetable separately; the Tribunal reserved the question of costs.

From the TDM IACL Archive: Saluka Investments BV v Czech Republic - PCA Case No 2001-04 - Partial Award - 17 March 2006

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