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SALUKA v. THE CZECH REPUBLIC (Partial Award on the Merits), by Daniel Brawn

posted Dec 7, 2011, 1:56 PM by IACL   [ updated Dec 7, 2011, 1:58 PM ]

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.