Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

TABLE OF CONTENTS
GLOSSARY OF DEFINED TERMS AND ABBREVIATIONS
LIST OF CASES
I. INTRODUCTION
II. PROCEDURAL HISTORY
III. FACTS
IV. REQUESTS FOR RELIEF
V. APPLICABLE LAW
VI. JURISDICTIONAL OBJECTIONS
VI.1. JURISDICTION RATIONE PERSONAE
VI.2. JURISDICTION RATIONE MATERIAE
VI.3. DOMESTIC LAW OBJECTION
VII. MERITS
VII.1. BREACH OF ARTICLE 4 OF THE BIT
VII.1.1. Applicable law: Article 4 of the BIT
VII.1.2. Unreasonable measures
VII.1.3. Discriminatory measures
VII.1.4. FET: Legitimate expectations
VII.2. BREACH OF ARTICLE 3(2) OF THE BIT
VII.3. BREACH OF ARTICLE 6 OF THE BIT
VIII. REPARATION
IX. COSTS
X. AWARD

I. INTRODUCTION

This case concerns a dispute submitted to the International Centre for Settlement of Investment Disputes ("ICSID" or the "Centre") on the basis of the Agreement between the Czech and Slovak Federal Republic and the Swiss Confederation on the Promotion and Reciprocal Protection of Investments signed on October 5, 1990, which entered into force on August 7, 1991 (the "BIT" or "Treaty"), and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, which entered into force generally on October 14, 1966 (the "ICSID Convention"), and entered into force for the Swiss Confederation and the Slovak Federal Republic on June 14, 1968 and June 26, 1994, respectively.

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X. AWARD

For the foregoing reasons, the Tribunal unanimously decides as follows:

1. DISMISSES the jurisdictional objections submitted by the Czech Republic and declares that the present dispute falls within the jurisdiction of the Centre and the competence of the Tribunal.

2. DECLARES that the Czech Republic has violated Article 4 of the BIT by failing to treat Claimants' investments fairly and equitably and by impairing Claimants' investments through unreasonable measures.

3. DECLARES that each Party shall bear, in equal parts, the Costs of the Proceeding and that each Party shall be responsible for its own Legal Fees and Expenses.

4. DISMISSES all other claims and requests.