Saluka Investments BV v. Czech Republic

Abstract

Procedure — Counterclaim — Whether requiring involvement of third party — Whether counterclaim closely connected to primary investment dispute

Jurisdiction — Acquisition of shares — Whether acquisition of shares an “investment” — Investor — Whether good faith required — Whether real and continuous social and economic links required

Treaties — BIT — Whether Tribunal having jurisdiction over dispute — Whether Czech Republic acting in breach of BIT — Expropriation — Forced administration of bank — Whether indirect expropriation — Public financial assistance — Refusal to negotiate in good faith — Predictable and transparent framework — Government official leaking negative information — Suspension of trading of shares — Whether breach of obligation to treat fairly and equitably — Whether unreasonable and discriminatory measures — Whether failure to prevent unjust enrichment — Whether breach of non-impairment obligation — Whether breach of obligation to provide full security and protection — Whether Czech Republic acting in breach of Articles 3 and 5 of BIT — Whether Czech Republic liable for damages — Appropriate redress for breach and questions of quantum for second phase of arbitration