1 |
2022
|
Halevi v. Czechia
|
Asael Halevi v. Czech Republic (PCA Case No. 2022-33)
|
Czech Republic - Israel BIT (1997) |
UNCITRAL |
None |
Investment: Shareholding in a land development project in Prague-Ďáblice.
Summary: Claims arising out of a court ruling which allegedly resulted in the expropriation of land plots intended for a development project in which the claimant had invested. |
Shareholding in a land development project in Prague-Ďáblice. |
Decided in favour of State
|
Czechia |
Israel |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Reed, L. - President
Reichert, K. - Claimant
Wordsworth, S. - Respondent |
165.00 mln CZK (6.90 mln USD)
|
Data not available
|
Direct expropriation
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Final Award dated 12 December 2024 |
None |
None |
None |
None |
None |
None |
2 |
2020
|
JCDecaux v. Czechia
|
JCDecaux SA v. Czech Republic (ICSID Case No. ARB/20/33)
|
Czech Republic - France BIT (1990) |
ICSID |
ICSID |
Investment: Indirect shareholding of 70 per cent in local advertising enterprise RENCAR, via Austrian group company Gewista.
Summary: Claims arising out of the termination by a publicly owned company, Transport Enterprises of the City of Prague (Dopravní podnik hl. m. Prahy), of a rental agreement for advertising spaces with RENCAR. |
Indirect shareholding of 70 per cent in local advertising enterprise RENCAR, via Austrian group company Gewista. |
Pending
|
Czechia |
France |
Tertiary: M - Professional, scientific and technical activities |
73 - Advertising and market research |
Hobér, K. - Claimant
Vinuesa, R. E. - Respondent
Mance, J. - President |
40.00 mln EUR (43.30 mln USD)
|
Data not available
|
Data not available |
Pending |
Decision on Preliminary Objections dated 28 July 2023 |
Concurring Opinion by Raúl E. Vinuesa |
None |
None |
None |
None |
None |
3 |
2018
|
Alcor v. Czechia
|
Alcor Holdings Ltd. v. The Czech Republic (PCA Case No. 2018-45)
|
Czech Republic - United Arab Emirates BIT (1994) |
UNCITRAL |
PCA |
Investment: Shareholding (99 per cent) in Alcor Holdings CZ s.r.o., with investments in several land plots located in the City of Prague.
Summary: Claims arising out of the alleged refusal of the City of Prague to conclude a lease agreement with the claimant’s former Czech subsidiary, Alcor CZ. |
Shareholding (99 per cent) in Alcor Holdings CZ s.r.o., with investments in several land plots located in the City of Prague. |
Decided in favour of State
|
Czechia |
United Arab Emirates |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Greenwood, C. - President
Wilmot-Smith, R. - Claimant
McRae, D. M. - Respondent |
483.00 mln CZK (22.60 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Other |
None - jurisdiction declined |
Award dated 2 March 2022 |
None |
None |
None |
None |
None |
None |
4 |
2018
|
Fischer v. Czechia (I)
|
Václav Fischer v. The Czech Republic (I) (PCA Case No. 2019-37)
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
PCA |
Investment: Investment in Cestovní kancelář Fischer, a.s. (CK Fischer), a locally-incorporated travel agency.
Summary: Claims arising out of the Government’s measures related to the alleged crowding out of the claimant’s investment in the CK Fischer travel agency. |
Investment in Cestovní kancelář Fischer, a.s. (CK Fischer), a locally-incorporated travel agency. |
Discontinued
|
Czechia |
Germany |
Tertiary: N - Administrative and support service activities |
79 - Travel agency, tour operator, reservation service and related activities |
Tercier, P. - President
Alexandrov, S. A. - Claimant
Kalicki, J. E. - Respondent |
60.00 mln EUR (69.60 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Final Award dated 6 May 2020 |
None |
None |
None |
None |
None |
None |
5 |
2018
|
Fischer v. Czechia (II)
|
Václav Fischer v. The Czech Republic (II)
|
Czech Republic - Germany BIT (1990) |
Data not available |
Data not available |
Investment:
Summary: Claims arising out of the Government’s measures related to the allegedly unlawful bankruptcy proceedings initiated against the claimant’s investment. |
|
Discontinued
|
Czechia |
Germany |
Data not available |
Data not available |
Data not available |
21.00 mln EUR (23.90 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Award dated 19 September 2020 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Judgment of the Swiss Federal Tribunal dated 25 November 2020 (German) (Judicial review by national courts) |
None |
None |
6 |
2017
|
Diag and Šťáva v. Czechia
|
Diag Human SE and Josef Šťáva v. The Czech Republic (PCA Case No. 2018-20)
|
Czech Republic - Switzerland BIT (1990) |
Ad hoc |
PCA |
Investment:
Summary: |
|
Decided in favour of investor
|
Czechia |
Switzerland |
Secondary: C - Manufacturing |
21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations |
Hanotiau, B. - President
Price, D. M. - Claimant
Knieper, R. - Respondent |
52000.00 mln CZK (2209.50 mln USD)
|
8300.00 mln CZK (352.70 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 18 May 2022 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Judgment of the High Court of Justice of England and Wales dated 8 March 2024 (Judicial review by national courts)
Judgment of the High Court of Justice of England and Wales dated 9 August 2024 (Judicial review by national courts) |
None |
None |
7 |
2017
|
Fynerdale v. Czech Republic
|
Fynerdale Holdings B.V. v. The Czech Republic (PCA Case No. 2018-18)
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
PCA |
Investment: Loans to Czech company YTRIX a.s. and Maltese company Poppyseed Limited, to be used for trade in poppy seeds produced in the Czech Republic.
Summary: Claims arising out of the Government’s alleged failure to act on the claimant’s criminal complaint regarding its business partners’ fraudulent activities, which allegedly entailed the loss of the claimant’s assets. |
Loans to Czech company YTRIX a.s. and Maltese company Poppyseed Limited, to be used for trade in poppy seeds produced in the Czech Republic. |
Decided in favour of State
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Wolfrum, R. - President
Orrego Vicuña, F. - Claimant (replaced)
Kühn, W. - Claimant
Boisson de Chazournes, L. - Respondent |
2438.00 mln CZK (113.60 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - jurisdiction declined |
Award dated 29 April 2021
Award on Costs dated 16 August 2021 |
Separate Opinion by Wolfgang Kühn |
None |
None |
None |
None |
None |
8 |
2017
|
Pawlowski and Projekt Sever v. Czech Republic
|
Pawlowski AG and Projekt Sever s.r.o. v. Czech Republic (ICSID Case No. ARB/17/11)
|
Czech Republic - Switzerland BIT (1990) |
ICSID |
ICSID |
Investment: Ownership of land acquired for real estate development in Benice, a district in the southeast of Prague.
Summary: Claims arising out of the Government’s alleged frustration of the claimants’ real estate development project through legal proceedings related to a land use plan which had permitted construction on the claimants’ land. |
Ownership of land acquired for real estate development in Benice, a district in the southeast of Prague. |
Decided in favour of neither party (liability found but no damages awarded)
|
Czechia |
Switzerland |
Tertiary: F - Construction |
41 - Construction of buildings |
Beechey, J. - Claimant
Fernández-Armesto, J. - President
Lowe, V. - Respondent |
5266.60 mln CZK (237.20 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Award dated 1 November 2021 |
None |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
van Haersolte-Van Hof, J. J. - President
Ohara, Y. - Member
Pawlak, D. - Member |
9 |
2016
|
A.M.F. Aircraftleasing v. Czech Republic
|
A.M.F. Aircraftleasing Meier & Fischer GmbH & Co. KG v. Czech Republic (PCA Case No. 2017-15)
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
PCA |
Investment: Ownership of two aircrafts and related leasing activities.
Summary: Claims arising out of acts of Czech bankruptcy administrators and courts concerning two aircrafts that are allegedly owned by the claimant and were wrongly included in the bankruptcy proceedings of Czech company Air Charter Ltd, which had leased the planes. The aircrafts were subsequently sold as part of the bankruptcy proceedings. |
Ownership of two aircrafts and related leasing activities. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: N - Administrative and support service activities |
77 - Rental and leasing activities |
Tercier, P. - President
Alexandrov, S. A. - Claimant
Kalicki, J. E. - Respondent |
125.20 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
National treatment
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Final Award dated 11 May 2020 |
Separate Declaration of Stanimir A. Alexandrov |
Judicial review by national courts |
Discontinued (Judicial review by national courts) |
Judgment of the Swiss Federal Tribunal dated 8 December 2020 (German) (Judicial review by national courts) |
None |
None |
10 |
2015
|
Anglia v. Czech Republic
|
Anglia Auto Accessories Ltd v. The Czech Republic (SCC Case No. 2014/181)
|
Czech Republic - United Kingdom BIT (1990) |
SCC |
SCC |
Investment: Contractual claim to damages confirmed by an arbitral award related to a joint venture with the local Czech company Kyjovan for the manufacturing of automobile accessories.
Summary: Claims arising out of alleged delays on the part of Czech courts related to the enforcement of a CZK 4.8 million arbitration award, which the claimant obtained against its local business partner Kyjovan in 1997. According to the claimant, the courts’ conduct deprived the claimant of the value of the arbitral award. |
Contractual claim to damages confirmed by an arbitral award related to a joint venture with the local Czech company Kyjovan for the manufacturing of automobile accessories. |
Decided in favour of State
|
Czechia |
United Kingdom |
Secondary: C - Manufacturing |
28 - Manufacture of machinery and equipment n.e.c. |
Banifatemi, Y. - President
Reinisch, A. - Claimant
Sands, P. - Respondent |
40.00 mln CZK (1.60 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Final Award dated 10 March 2017 |
None |
None |
None |
None |
None |
None |
11 |
2015
|
Busta v. Czech Republic
|
J.P. Busta and I.P. Busta v. The Czech Republic (SCC Case No. 2015/014)
|
Czech Republic - United Kingdom BIT (1990) |
SCC |
SCC |
Investment: Sole shareholding in a locally incorporated company, Sprint CR, engaged in the wholesale of automobile parts and accessories.
Summary: Claims arising out of alleged inaction of the local police related to accusations of theft raised by the claimants against the local Czech partner in a joint venture, Kyjovan, when Kyjovan began moving goods owned by one of the claimants’ companies (Sprint CR) out of a warehouse. |
Sole shareholding in a locally incorporated company, Sprint CR, engaged in the wholesale of automobile parts and accessories. |
Decided in favour of State
|
Czechia |
United Kingdom |
Secondary: C - Manufacturing |
28 - Manufacture of machinery and equipment n.e.c. |
Banifatemi, Y. - President
Reinisch, A. - Claimant
Sands, P. - Respondent |
177.00 mln CZK (6.90 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Final Award dated 10 March 2017 |
None |
None |
None |
None |
None |
None |
12 |
2015
|
WCV and Channel Crossings v. Czechia
|
WCV Capital Ventures Cyprus Limited and Channel Crossings Limited v. The Czech Republic (PCA Case No. 2016-12)
|
Cyprus - Czech Republic BIT (2001) |
UNCITRAL |
PCA |
Investment: Ownership of SYNOT, a betting company.
Summary: Claims arising out of the government’s alleged cancellation of the licenses to operate video lottery terminals held by a betting company (SYNOT) owned by the claimants. |
Ownership of SYNOT, a betting company. |
Decided in favour of State
|
Czechia |
Cyprus |
Tertiary: R - Arts, entertainment and recreation |
92 - Gambling and betting activities |
Fernández-Armesto, J. - President
Alexandrov, S. A. - Claimant
Clodfelter, M. A. - Respondent (replaced)
Kohen, M. G. - Respondent |
3600.00 mln CZK (165.20 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - all claims dismissed at the merits stage |
Interim Award on Jurisdiction dated 25 April 2018
Final Award dated 26 July 2023 |
None |
None |
None |
None |
None |
None |
13 |
2014
|
A11Y v. Czech Republic
|
A11Y LTD. v. Czech Republic (ICSID Case No. UNCT/15/1)
|
Czech Republic - United Kingdom BIT (1990) |
UNCITRAL |
ICSID |
Investment: Company engaged in the supply of high quality compensation aids to blind and visually impaired people.
Summary: Claims arising out of allegedly discriminatory State actions against claimant's business of providing electronic aids for visually handicapped, including the disclosure of know-how to A11Y's competitors and damage to its goodwill, in the context of government allowances to blind and visually handicapped people for special compensation aids. |
Company engaged in the supply of high quality compensation aids to blind and visually impaired people. |
Decided in favour of State
|
Czechia |
United Kingdom |
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
Tertiary: M - Professional, scientific and technical activities |
47 - Retail trade, except of motor vehicles and motorcycles
74 - Other professional, scientific and technical activities |
Fortier, L. Y. - President
Alexandrov, S. A. - Claimant
Joubin-Bret, A. - Respondent |
564.70 mln CZK (25.10 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
National treatment
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Decision on Jurisdiction dated 9 February 2017
Award dated 29 June 2018 |
None |
None |
None |
None |
None |
None |
14 |
2014
|
Anglia and Busta v. Czech Republic
|
Anglia Auto Accessories, Ivan Peter Busta and Jan Peter Busta v. The Czech Republic
|
Czech Republic - United Kingdom BIT (1990) |
SCC |
SCC |
Investment: Interests in a rooftop carrier production facility in Moravia.
Summary: Claims arising out of a series of alleged measures by the Government in the context of a dispute between the claimants and their local Czech partner in a joint venture engaged in the production of vehicle roof-racks. |
Interests in a rooftop carrier production facility in Moravia. |
Discontinued
|
Czechia |
United Kingdom |
Secondary: C - Manufacturing |
28 - Manufacture of machinery and equipment n.e.c. |
Böckstiegel, K.-H. - President
Hobér, K. - Claimant
Sands, P. - Respondent |
200.00 mln CZK (9.10 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order to dismiss the case issued by the SCC Secretariat for failure to pay advance on costs dated 23 October 2014 |
None |
None |
None |
None |
None |
None |
15 |
2014
|
Forminster v. Czech Republic
|
Forminster Enterprises Limited v. The Czech Republic
|
Cyprus - Czech Republic BIT (2001) |
UNCITRAL |
None |
Investment:
Summary: Claims arising out of measures imposed by the Czech Republic on the claimant’s investment. |
|
Discontinued
|
Czechia |
Cyprus |
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles |
47 - Retail trade, except of motor vehicles and motorcycles |
Patocchi, P. M. - President
Hunter, M. J. - Claimant
Reinisch, A. - Respondent |
803.20 mln CZK (39.80 mln USD)
|
Data not available
|
Indirect expropriation |
Not applicable - settled or discontinued before decision on liability |
Final Award dated 15 December 2014 |
None |
None |
None |
None |
None |
None |
16 |
2014
|
WNC v. Czech Republic
|
WNC Factoring Ltd (WNC) v. The Czech Republic (PCA Case No. 2014-34)
|
Czech Republic - United Kingdom BIT (1990) |
UNCITRAL |
PCA |
Investment: Ownership of Czech company ČEX, a.s. (later known as FITE Export, a.s.).
Summary: Claims arising out of the Government’s alleged failures during the privatization of Škoda Export following a public tender, which was won by the claimant’s Czech company ČEX, and subsequent actions allegedly resulting in Škoda Export’s insolvency. |
Ownership of Czech company ČEX, a.s. (later known as FITE Export, a.s.). |
Decided in favour of State
|
Czechia |
United Kingdom |
Tertiary: M - Professional, scientific and technical activities |
71 - Architectural and engineering activities; technical testing and analysis |
Griffith, G. - President
Volterra, R. - Claimant
Crawford, J. R. - Respondent |
90.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
None - all claims dismissed at the merits stage |
Award dated 22 February 2017 |
None |
None |
None |
None |
None |
None |
17 |
2013
|
Antaris and Göde v. Czech Republic
|
Antaris Solar GmbH and Dr. Michael Göde v. The Czech Republic (PCA Case No. 2014-01)
|
Germany - Slovakia BIT (1990)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Equity interests in several Czech energy companies engaged in the photovoltaic sector.
Summary: Claims arising out of amendments to the pre-existing incentive regime applicable to renewable energy, including the introduction of a levy on electricity generated ("Solar Levy"), allegedly adopted in order to diminish windfall profit to producers (that became possible due to significant fall in costs of solar panels) and reduce burden on energy consumers. |
Equity interests in several Czech energy companies engaged in the photovoltaic sector. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Collins, L. - President
Bishop, D. - Claimant (replaced)
Tomka, P. - Respondent
Born, G. B. - Claimant |
306.50 mln CZK (14.40 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 2 May 2018 |
Dissenting Opinion of Gary Born
Declaration of Peter Tomka |
None |
None |
None |
None |
None |
18 |
2013
|
Europa Nova v. Czechia
|
WA Investments-Europa Nova Limited v. The Czech Republic (PCA Case No. 2014-19)
|
Cyprus - Czech Republic BIT (2001)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Majority shareholding (90 per cent) in Czech company SolarOne s.r.o., which owned two special purpose vehicles with solar plants (the Tomsan and Sluneční projects).
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Majority shareholding (90 per cent) in Czech company SolarOne s.r.o., which owned two special purpose vehicles with solar plants (the Tomsan and Sluneční projects). |
Decided in favour of State
|
Czechia |
Cyprus |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
van Houtte, H. - President
Bishop, D. - Claimant (replaced)
Landau, T. - Respondent
Born, G. B. - Claimant (replaced)
Beechey, J. - Claimant |
76.60 mln CZK (3.30 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 15 May 2019 |
None |
None |
None |
None |
None |
None |
19 |
2013
|
I.C.W. v. Czechia
|
I.C.W. Europe Investments Limited v. The Czech Republic (PCA Case No. 2014-22)
|
Czech Republic - United Kingdom BIT (1990)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Sole shareholding in a Czech special purpose vehicle, Hutira FVE-Omice a.s., which owned and operated a solar plant in South Moravia.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Sole shareholding in a Czech special purpose vehicle, Hutira FVE-Omice a.s., which owned and operated a solar plant in South Moravia. |
Decided in favour of State
|
Czechia |
United Kingdom |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
van Houtte, H. - President
Bishop, D. - Claimant (replaced)
Landau, T. - Respondent
Born, G. B. - Claimant (replaced)
Beechey, J. - Claimant |
39.20 mln CZK (1.70 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 15 May 2019 |
None |
None |
None |
None |
None |
None |
20 |
2013
|
JSW Solar and Wirtgen v. Czech Republic
|
JSW Solar (zwei) GmbH & Co.KG, Gisela Wirtgen, Jürgen Wirtgen, and Stefan Wirtgen v. Czech Republic (PCA Case No. 2014-03)
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
PCA |
Investment: Interests in the Czech photovoltaic sector.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Interests in the Czech photovoltaic sector. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Kaufmann-Kohler, G. - President
Born, G. B. - Claimant
Tomka, P. - Respondent |
500.00 mln CZK (22.90 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause |
None - all claims dismissed at the merits stage |
Final Award dated 11 October 2017 |
Dissenting Opinion of Gary B. Born |
None |
None |
None |
None |
None |
21 |
2013
|
Natland and others v. Czechia
|
Natland Investment Group N.V., Capamera Limited (previously Natland Group Limited), G.I.H.G. Limited and Radiance Energy Holding S.à.r.l. v. The Czech Republic (PCA Case No. 2013-35)
|
Czech Republic - Netherlands BIT (1991)
Cyprus - Czech Republic BIT (2001)
BLEU (Belgium-Luxembourg Economic Union) - Czech Republic BIT (1989)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Interests in the Czech photovoltaic sector.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Interests in the Czech photovoltaic sector. |
Decided in favour of investor
|
Czechia |
Cyprus
Luxembourg
Netherlands |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Heiskanen, V. - President
Bishop, D. - Claimant (replaced)
Thomas, J. C. - Respondent
Born, G. B. - Claimant (replaced)
Name not available - Claimant |
2212.00 mln CZK (92.40 mln USD)
|
350.20 mln CZK (14.60 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Partial Award dated 20 December 2017
Final Award dated 15 December 2023 |
None |
Judicial review by national courts
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts)
Award/decision upheld (Judicial review by national courts) |
Judgment of the Swiss Federal Tribunal (French) dated 7 February 2020 (Judicial review by national courts)
Judgment of the Swiss Federal Tribunal (German) dated 13 June 2024 (Judicial review by national courts) |
None |
None |
22 |
2013
|
Photovoltaik Knopf v. The Czech Republic
|
Photovoltaik Knopf Betriebs-GmbH v. The Czech Republic (PCA Case No. 2014-21)
|
Czech Republic - Germany BIT (1990)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Sole shareholding in a Czech special purpose vehicle, FVE Kněžmost s.r.o., which owned and operated a solar plant in Kněžmost-Koprník.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Sole shareholding in a Czech special purpose vehicle, FVE Kněžmost s.r.o., which owned and operated a solar plant in Kněžmost-Koprník. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
van Houtte, H. - President
Bishop, D. - Claimant (replaced)
Landau, T. - Respondent
Born, G. B. - Claimant (replaced)
Beechey, J. - Claimant |
39.20 mln CZK (1.70 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 15 May 2019 |
None |
None |
None |
None |
None |
None |
23 |
2013
|
Voltaic Network v. Czechia
|
Voltaic Network GmbH v. The Czech Republic (PCA Case No. 2014-20)
|
Czech Republic - Germany BIT (1990)
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Sole shareholding in a Czech special purpose vehicle, Solarpark Rybníček s.r.o., which owned and operated a solar plant near Rybníček.
Summary: Claims arising out of amendments to the pre-existing incentive regime for the renewable energy sector, including the introduction of a levy on electricity generated from solar power plants. |
Sole shareholding in a Czech special purpose vehicle, Solarpark Rybníček s.r.o., which owned and operated a solar plant near Rybníček. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
van Houtte, H. - President
Bishop, D. - Claimant (replaced)
Landau, T. - Respondent
Born, G. B. - Claimant (replaced)
Beechey, J. - Claimant |
198.50 mln CZK (8.60 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 15 May 2019 |
None |
None |
None |
None |
None |
None |
24 |
2009
|
ECE v. Czech Republic
|
ECE Projektmanagement International GmbH and Kommanditgesellschaft PANTA Achtungsechzigste Grundstücksgesellschaft mbH & Co v. The Czech Republic (PCA Case No. 2010-5)
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
PCA |
Investment: Rights under a planned approval for the construction of a shopping centre in the Czech Republic.
Summary: Claims arising out of the Government's revocation of a planned approval to the claimant for the construction of a shopping centre in Liberec, at the northwest of the Czech Republic. |
Rights under a planned approval for the construction of a shopping centre in the Czech Republic. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Berman, F. - President
Bucher, A. - Claimant
Thomas, J. C. - Respondent |
1800.00 mln CZK (95.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Most-favoured nation treatment
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Final Award dated 19 September 2013 |
None |
None |
None |
None |
None |
None |
25 |
2009
|
Vöcklinghaus v. Czech Republic
|
Peter Franz Vöcklinghaus v. Czech Republic
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
None |
Investment: Shareholding of 50 per cent in the company KOMFORT V.P. Cihelny, spol. s r.o., engaged in the construction of a professional golf course in the Czech Republic.
Summary: Claims arising out of the alleged forced bankruptcy and takeover of claimant's investment in the Cihelna golf course in the Northwest of the Czech Republic. |
Shareholding of 50 per cent in the company KOMFORT V.P. Cihelny, spol. s r.o., engaged in the construction of a professional golf course in the Czech Republic. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: R - Arts, entertainment and recreation |
93 - Sports activities and amusement and recreation activities |
Beechey, J. - President
Klein, B. - Claimant
Lévy, L. - Respondent |
60.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Final Award dated 19 September 2011 |
None |
None |
None |
None |
None |
None |
26 |
2008
|
Czechoslonor v. Czech Republic
|
Czechoslonor AS v. Czech Republic
|
Czech Republic - Norway BIT (1991) |
Data not available |
Data not available |
Investment: Ownership of a salmon-processing plant in the Czech Republic.
Summary: Claims arising out of the alleged Government's withdrawal of a bank loan agreement concluded with the investor which led to the declaration of bankruptcy of its company, and the alleged numerous irregular motions by Czech officials during the bankruptcy proceedings. |
Ownership of a salmon-processing plant in the Czech Republic. |
Data not available
|
Czechia |
Norway |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Data not available |
330.00 mln CZK (18.80 mln USD)
|
Data not available
|
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
27 |
2008
|
InterTrade v. Czech Republic
|
InterTrade Holding GmbH v. The Czech Republic (PCA Case No. 2009-12)
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
PCA |
Investment: Shareholding in the Czech forestry company CE Wood.
Summary: Claims arising out of the Government's alleged misconduct concerning a failed 2005 tender for the privatization of the State's forests. |
Shareholding in the Czech forestry company CE Wood. |
Decided in favour of State
|
Czechia |
Germany |
Primary: A - Agriculture, forestry and fishing |
2 - Forestry and logging |
Fortier, L. Y. - President
Álvarez, H. C. - Claimant
Stern, B. - Respondent |
84.42 mln EUR (105.50 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
National treatment
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Final Award dated 7 June 2012 |
Dissenting Opinion of Mr. Henri Álvarez (Award) |
None |
None |
None |
None |
None |
28 |
2008
|
Nepolsky v. Czech Republic
|
Georg Nepolsky v. Czech Republic
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
Data not available |
Investment: Rights to land, acquired to extract and sell mineral water; associated water extraction rights granted by local authorities.
Summary: Claims arising out of alleged undue delay to which Mr. Nepolsky's bid for a water extraction license was subjected, and alleged discrimination in favour of two other investors interested in extracting underground water in the same Czech area. |
Rights to land, acquired to extract and sell mineral water; associated water extraction rights granted by local authorities. |
Discontinued
|
Czechia |
Germany |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply |
Lévy, L. - President
Belohlavek, A. - Claimant
Reinisch, A. - Respondent |
60.00 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Decision on costs dated February 2010 |
None |
None |
None |
None |
None |
None |
29 |
2008
|
Oeconomicus v. Czech Republic
|
Konsortium Oeconomicus v. The Czech Republic
|
Czech Republic - Switzerland BIT (1990) |
UNCITRAL |
None |
Investment: Rights under a loan agreement for the construction of a waste incineration plant in Mlada Boleslav.
Summary: Claims arising out of alleged refusals to honour guarantees made by the Environment Ministry to claimant's investment, including the firm's declaration of bankruptcy and the failure to build a waste incinerator at issue. |
Rights under a loan agreement for the construction of a waste incineration plant in Mlada Boleslav. |
Discontinued
|
Czechia |
Switzerland |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
38 - Waste collection, treatment and disposal activities; materials recovery |
Silva Romero, E. - President
Ueltzhöffer, A. - Claimant
Konrad, S. - Respondent
Marvan, J. - Claimant (replaced) |
710.00 mln CZK (31.30 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Award on Costs dated 8 February 2012
Addendum to the Award on Costs dated 22 February 2012
Decision for Termination of the Proceedings dated 5 December 2011 |
None |
None |
None |
None |
None |
None |
30 |
2007
|
Frontier v. Czech Republic
|
Frontier Petroleum Services Ltd. v. The Czech Republic
|
Canada - Czech Republic BIT (1990) |
UNCITRAL |
PCA |
Investment: Capital contributions to finance the purchase of assets of a bankrupt State-owned Czech aircraft manufacturing company under certain unanimous shareholder agreement; claims to money in the form of an arbitral award in Frontier's favour.
Summary: Claims arising out of the alleged wrongful failure of Czech courts to recognise and enforce an interim and final award in claimant's favour, relating to alleged breaches of a shareholder agreement concluded with a Czech company for a joint venture project in the aviation manufacturing industry in the Czech Republic. |
Capital contributions to finance the purchase of assets of a bankrupt State-owned Czech aircraft manufacturing company under certain unanimous shareholder agreement; claims to money in the form of an arbitral award in Frontier's favour. |
Decided in favour of State
|
Czechia |
Canada |
Secondary: C - Manufacturing |
30 - Manufacture of other transport equipment |
Williams, D. A. R. - President
Álvarez, H. C. - Claimant
Schreuer, C. H. - Respondent |
20.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Other |
None - all claims dismissed at the merits stage |
Final Award dated 12 November 2010 |
None |
None |
None |
None |
None |
None |
31 |
2007
|
Invesmart v. Czech Republic
|
Invesmart v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Majority shareholding in Union Banka, a bank established under the laws of the Czech Republic.
Summary: Claims arising out of the alleged withdrawal by the Czech Republic of previous commitments to provide State support to the foreign-owned bank. |
Majority shareholding in Union Banka, a bank established under the laws of the Czech Republic. |
Decided in favour of State
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Pryles, M. C. - President
Bernardini, P. - Claimant
Thomas, J. C. - Respondent |
250.00 mln EUR (349.10 mln USD)
|
Data not available
|
Direct expropriation
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 26 June 2009 |
None |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
32 |
2006
|
Phoenix Action v. Czech Republic
|
Phoenix Action Ltd v. Czech Republic (ICSID Case No. ARB/06/5)
|
Czech Republic - Israel BIT (1997) |
ICSID |
ICSID |
Investment: Ownership of two Czech companies, Benet Praha, spol. s.r.o. and Benet Group, a.s., involved in the trading of ferroalloys.
Summary: Claims arising out of the alleged continuous freezing of funds in a number of bank accounts belonging to claimant's companies, the seizure of accounting and business documents, as well as Czech courts’ delays in the different actions brought by the investor's companies. |
Ownership of two Czech companies, Benet Praha, spol. s.r.o. and Benet Group, a.s., involved in the trading of ferroalloys. |
Decided in favour of State
|
Czechia |
Israel |
Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles |
46 - Wholesale trade, except of motor vehicles and motorcycles |
Stern, B. - President
Bucher, A. - Claimant
Fernández-Armesto, J. - Respondent |
953.00 mln CZK (47.60 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - jurisdiction declined |
Award dated 15 April 2009 |
None |
None |
None |
None |
None |
None |
33 |
2005
|
Binder v. Czech Republic
|
Rupert Joseph Binder v. Czech Republic
|
Czech Republic - Germany BIT (1990) |
UNCITRAL |
None |
Investment: Ownership of a company, Cargo Transport-Internationale Spedition, which helped to facilitate cross-border trade.
Summary: Claims arising out of the Czech customs authorities' decision to order claimant's company the forced payment of customs debts of another company for which the investor was acting as a guarantor and by which it had been defrauded, allegedly causing bankruptcy of the investment. |
Ownership of a company, Cargo Transport-Internationale Spedition, which helped to facilitate cross-border trade. |
Decided in favour of State
|
Czechia |
Germany |
Tertiary: H - Transportation and storage |
49 - Land transport and transport via pipelines |
Danelius, H. - President
Creutzig, J. - Claimant
Gaillard, E. - Respondent |
4000.00 mln CZK (233.00 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
National treatment
Most-favoured nation treatment
Customary rules of international law
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award on Jurisdiction dated 6 June 2007
Final Award dated 15 July 2011 |
None |
Judicial review by national courts |
Discontinued (Judicial review by national courts) |
None |
None |
None |
34 |
2005
|
EMV v. Czech Republic
|
European Media Ventures SA v. The Czech Republic
|
BLEU (Belgium-Luxembourg Economic Union) - Czech Republic BIT (1989) |
UNCITRAL |
None |
Investment: Interests in the Czech television broadcasting company TV3.
Summary: Claims arising out of the alleged refusal by broadcasting regulators in the Czech Republic to approve the transfer of a television broadcast licence from a Czech businessman to the foreign investor's Czech subsidiary. |
Interests in the Czech television broadcasting company TV3. |
Decided in favour of State
|
Czechia |
Luxembourg |
Tertiary: J - Information and communication |
59 - Motion picture, video and television programme production, sound recording and music publishing activities |
Mustill, M. - President
Lew, J. D. M. - Claimant
Greenwood, C. - Respondent |
45.00 mln USD
|
Data not available
|
Indirect expropriation
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award on Jurisdiction dated 15 May 2007
Partial Award on Liability dated 8 July 2009
Final Award (Costs) dated 28 January 2010 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Czech Republic v European Media Ventures SA, Judgment on Jurisdiction, [2007] EWHC 2851 (Comm), IIC 313 (2007), 5 December 2007 dated 5 December 2007 (Judicial review by national courts) |
None |
None |
35 |
2005
|
K+ VP v. Czech Republic
|
K+ Venture Partners v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Ownership of local subsidiary that had contracted with the Czech Ministry of Local Development for investment in local businesses.
Summary: Claims arising out of the termination of a contract concluded between the Dutch firm's Czech subsidiary and Czech authorities despite allegedly achieving the agreed results, and involving unpaid contractual premium for administration of certain public funds. |
Ownership of local subsidiary that had contracted with the Czech Ministry of Local Development for investment in local businesses. |
Settled
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Sachs, K. - President
Reichert, K. - Unknown
Wälde, T. W. - Unknown |
140.00 mln CZK (7.60 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
36 |
2005
|
Mittal v. Czech Republic
|
Mittal Steel Company N.V. v. Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Production and distribution of basic metals, including steel and iron.
Summary: Claims arising out of the respondent's alleged discriminatory treatment to the investor in connection with the privatization of the local steel enterprise Vitkovice Steel; particularly, the exclusion of the claimant from bidding on Vitkovice. |
Production and distribution of basic metals, including steel and iron. |
Settled
|
Czechia |
Netherlands |
Secondary: C - Manufacturing |
24 - Manufacture of basic metals |
Steyn, J. - President
Bernardini, P. - Unknown
Greenwood, C. - Unknown |
1400.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
None |
None |
None |
None |
None |
37 |
2005
|
Pren Nreka v. Czech Republic
|
Pren Nreka v. Czech Republic
|
Croatia - Czech Republic BIT (1996) |
UNCITRAL |
None |
Investment: Lease agreement concluded between the claimant and the Pedagogical Centre of Prague, an educational entity created by the Czech government, to renovate certain portions of a building and to lease two floors of that building for commercial activities.
Summary: Claims arising out of the invalidation by respondent’s courts of a 15-year lease agreement concluded between the claimant and the Pedagogical Centre of Prague, resulting in the forced vacation of the investor's leased floors used as a pizzeria restaurant. |
Lease agreement concluded between the claimant and the Pedagogical Centre of Prague, an educational entity created by the Czech government, to renovate certain portions of a building and to lease two floors of that building for commercial activities. |
Decided in favour of investor
|
Czechia |
Croatia |
Tertiary: N - Administrative and support service activities |
77 - Rental and leasing activities |
Caflisch, L. - President
Schütze, R. A. - Claimant
Wennerholm, F. - Respondent |
26.00 mln CZK (1.50 mln USD)
|
1.50 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 5 February 2007 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Recours en Annulation (Paris Court of Appeal) dated 25 September 2008 (Judicial review by national courts) |
None |
None |
38 |
2004
|
Eastern Sugar v. Czech Republic
|
Eastern Sugar B.V. v. The Czech Republic (SCC Case No. 088/2004)
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
SCC |
Investment: Interests in local sugar producing facilities.
Summary: Claims arising out of various regulatory sugar regimes put in place by the respondent from 2000 onwards; particularly, the Czech Republic’s allocation of sugar quotas based on the European Union’s agricultural quota system that allegedly affected the claimant's investments. |
Interests in local sugar producing facilities. |
Decided in favour of investor
|
Czechia |
Netherlands |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Karrer, P. A. - President
Volterra, R. - Claimant
Gaillard, E. - Respondent |
88.50 mln EUR (113.10 mln USD)
|
25.40 mln EUR (33.70 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Final Award dated 12 April 2007
Partial Award dated 27 March 2007 |
Partial Dissenting Opinion of Robert Volterra (Final Award) |
None |
None |
None |
None |
None |
39 |
2002
|
Nagel v. Czech Republic
|
William Nagel v. The Czech Republic (SCC Case No. 049/2002)
|
Czech Republic - United Kingdom BIT (1990) |
SCC |
SCC |
Investment: Rights under a cooperation agreement entered into with a State-owned enterprise.
Summary: Claims arising out of the respondent's failure to grant a public tender for mobile phone contracts to the investor, despite the signature of a cooperation agreement with a State telecommunications company wholly owned by the respondent under which the parties would seek to obtain, through a consortium, the necessary licenses and permits to establish, own and operate a GSM mobile telephone network in the Czech Republic. |
Rights under a cooperation agreement entered into with a State-owned enterprise. |
Decided in favour of State
|
Czechia |
United Kingdom |
Tertiary: J - Information and communication |
61 - Telecommunications |
Danelius, H. - President
Hunter, M. J. - Claimant
Kronke, H. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Most-favoured nation treatment
Other |
None - jurisdiction declined |
Final Award dated 9 September 2003 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Review by Svea Court of Appeal dated 26 August 2005, 13 ICSID Rep. 97 (2008) (Judicial review by national courts) |
None |
None |
40 |
2001
|
Saluka v. Czech Republic
|
Saluka Investments BV v. The Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
PCA |
Investment: Ownership of a controlling block of shares from the Czech state-owned bank IPB.
Summary: Claims arising out of the imposition of a forced administration upon the investor's banking enterprise by the Czech National Bank. |
Ownership of a controlling block of shares from the Czech state-owned bank IPB. |
Settled
|
Czechia |
Netherlands |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Watts, A. - President
Lauterpacht, E. - President (replaced)
Fortier, L. Y. - Claimant
Price, D. M. - Claimant (replaced)
Behrens, P. - Respondent |
1900.00 mln USD
|
6000.00 mln CZK (281.00 mln USD)
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction over the Czech Republic's Counterclaim dated 7 May 2004
Partial Award dated 17 March 2006 |
None |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Decision of the Swiss Federal Tribunal dated 7 September 2006 (Judicial review by national courts) |
None |
None |
41 |
2000
|
CME v. Czech Republic
|
CME Czech Republic B.V. v. The Czech Republic
|
Czech Republic - Netherlands BIT (1991) |
UNCITRAL |
None |
Investment: Ownership interest in broadcasting company holding an exclusive broadcasting license; assets including tangible (buildings, studio equipment) and intangible (intellectual property rights) property.
Summary: Claims arising out of actions and omissions attributed to the Media Council, an organ of the Czech Republic that allegedly commercially destroyed the broadcasting station operator which was partly owned by the investor. |
Ownership interest in broadcasting company holding an exclusive broadcasting license; assets including tangible (buildings, studio equipment) and intangible (intellectual property rights) property. |
Decided in favour of investor
|
Czechia |
Netherlands |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
Kühn, W. - President
Schwebel, S. M. - Claimant
Hándl, J. - Respondent |
495.20 mln USD
|
270.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Partial Award dated 13 September 2001
Final Award dated 14 March 2003 |
Dissenting opinion of the Arbitrator JUDr Jaroslav Hándl (Partial Award) |
Judicial review by national courts |
Award/decision upheld (Judicial review by national courts) |
Challenge of Arbitral Award, Judgment of SVEA Court of Appeal published at 42 ILM 919, dated 15 May 2003 (Judicial review by national courts) |
None |
None |
42 |
1999
|
Lauder v. Czech Republic
|
Ronald S. Lauder v. Czech Republic
|
Czech Republic - United States of America BIT (1991) |
UNCITRAL |
None |
Investment: Shareholding in local broadcasting enterprise.
Summary: Claims arising out of the conduct of the Czech Media Council towards the broadcasting enterprise partly owned by the foreign investor. |
Shareholding in local broadcasting enterprise. |
Decided in favour of neither party (liability found but no damages awarded)
|
Czechia |
United States of America |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
Briner, R. - President
Cutler, L. N. - Claimant
Klein, B. - Respondent |
Data not available
|
0.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures |
Arbitrary, unreasonable and/or discriminatory measures |
Award dated 3 September 2001 |
None |
None |
None |
None |
None |
None |