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Investment Dispute Settlement Navigator

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methodology

About

The UNCTAD Investment Dispute Settlement Navigator contains information about known international arbitration cases initiated by investors against States pursuant to international investment agreements (IIAs). Such arbitrations are also referred to as treaty-based investor-State dispute settlement (ISDS) cases.

General disclaimer

The Navigator includes information about publicly known IIA-based international investor-State arbitration proceedings. As some proceedings (or certain aspects of proceedings) remain confidential, the information contained in the Navigator cannot be deemed exhaustive.

While every effort is made to keep the information up to date and complete, the material is provided without any guarantees or warranties as to its accuracy or completeness. UNCTAD assumes no responsibility for eventual errors or omissions in these data.

We welcome any additional information or clarifications on specific cases as well as suggestions to improve the Navigator. Please contact us using the online contact form.

Cases included in the Navigator

A case is included in the Navigator if it is:

  • an international arbitration between an investor and a State;
  • fully or partially based on an IIA, such as a bilateral investment treaty or the investment chapter of a free trade agreement (not included are investor-State disputes that are solely based on contracts or on domestic investment legislation);
  • submitted to arbitration through a notice of arbitration or a request for arbitration, and upon registration of such request if applicable (not included are cases where a disputing party has only notified the other party of the existence of a dispute or signalled its intention to submit a claim, but has not yet commenced the arbitration).

Sources of information and frequency of updating

The information included in the Navigator is collected from publicly available sources. Primary sources (i.e. official documents relating to the case and information provided by the administering institutions) are the main and preferred source of information. Secondary sources, such as specialized reporting services and other sources deemed reliable, are used to supplement primary sources and/or obtain case information otherwise unavailable.

The Navigator is updated on a regular, typically biannual, basis. The date of the last update is displayed on the Navigator’s home page.

Methodological notes for the recording of data

Case name

Full case name is recorded as it appears in the official case documents and as it is registered at the administering institution if applicable. If there are more than five claimants in the case, the names of all claimants can be replaced by the name of the first claimant followed by the words “and others”.

Short case name is ascribed by UNCTAD. Typically it is the first word of a corporate claimant’s name, an abbreviation of the corporate claimant’s name, or the last name of a natural-person claimant “v.” the short version of the respondent State’s name.

If the Navigator includes more than one case with the exact same name, then “(I)” is added to the case name of the earlier case, and a “(II)”, “(III)”, etc. is added to the name of each subsequent case.

Year of initiation

This is the year in which the notice of arbitration / request for arbitration was submitted by the claimant. For arbitrations brought under the ICSID Convention Arbitration Rules or ICSID Additional Facilities (AF) Rules, the year in which the claim was registered by ICSID is used.

Applicable IIA

This is the IIA(s) pursuant to which the claimant initiated the arbitral proceedings.

Arbitral rules

These are the arbitral rules in accordance with which the proceedings are conducted. Proceedings that are not subject to any existing set of arbitral rules, i.e. where the arbitral tribunal determines procedural rules, are marked “None (ad hoc)”.

Administering institution

This is the institution that provides administrative support for the arbitral proceedings. When the proceedings are subject to arbitral rules of a certain arbitral institution (e.g. SCC or ICC), the relevant institution administers that case. In ad hoc arbitrations or those that are subject to non-institutional arbitral rules (e.g. UNCITRAL Arbitration Rules), the parties may request any arbitral institution to administer their case (e.g. PCA). Proceedings may also be conducted without being administered by any institution.

Common abbreviations for administering institutions:

CRCICACairo Regional Centre for International Commercial Arbitration
ICCInternational Chamber of Commerce (International Court of Arbitration)
ICSIDInternational Centre for Settlement of Investment Disputes
LCIALondon Court of International Arbitration
MCCIMoscow Chamber of Commerce and Industry
PCAPermanent Court of Arbitration
SCCStockholm Chamber of Commerce (Arbitration Institute)

Details of investment and summary of the dispute

The details of investment are presented as argued by the claimant, unless otherwise expressly identified by an arbitral tribunal in its decisions or awards.

The summary of the dispute describes in very general terms the conduct allegedly in breach of IIA obligations as argued by the claimant.

Economic sector and subsector

This refers to the economic sector to which the investment at issue allegedly belongs. The structure of economic activities follows the International Standard Industrial Classification of All Economic Activities, Rev.4 (UN ISIC Rev.4).

Status/Outcome of original proceedings

This refers to the current status of the original arbitration proceedings.

  • Decided in favour of State: the tribunal dismissed the case for lack of jurisdiction or found that the respondent State has not committed any breach of the applicable IIA.
  • Decided in favour of investor: the tribunal found that the respondent State committed one or more breaches of the applicable IIA and awarded monetary compensation or non-pecuniary relief to the claimant investor.
  • Decided in favour of neither party (liability found but no damages awarded): the arbitral tribunal found that the respondent State committed one or more breaches of the applicable IIA but did not award monetary compensation or non-pecuniary relief to the claimant investor.
  • Settled: the disputing parties settled the case and the arbitral proceedings were discontinued for that reason.
  • Pending: the arbitration proceedings are pending. A case remains pending if any of the following elements remain to be decided: jurisdiction, liability (merits), compensation. The case remains pending, for instance, if a State is found to have breached one or more IIA obligations (liability) but no award on damages has been issued yet.
    Notes:
    • The Navigator only records treaty-based disputes or treaty-based aspects of "mixed" disputes. In treaty-based cases that are simultaneously contract-based or based on national investment law ("mixed" disputes), a case is deemed concluded (for purposes of the Navigator) if the tribunal dismissed the case on jurisdiction or finds no breach of the IIA, even if it proceeds to adjudicate the contract- or statutory-based claims.
    • Cases in which a final award has been rendered but which are later subject to follow-on (post-award) proceedings (e.g. ICSID annulment proceedings or domestic judicial review), are marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).
  • Discontinued: the arbitration was discontinued for any reason other than due to a (known) settlement. This includes discontinuance as a result of non-payment of arbitration fees, in order to pursue litigation in another forum, or for any other reason (including for unknown reasons).

Arbitral decisions rendered

These are decisions rendered by an arbitral tribunal. Included are those decisions that concern the substance of the case and affect the final outcome. In particular, these include decisions (awards) on jurisdictional issues, liability (merits) and damages, including arbitrators’ individual opinions where these were issued. Discontinuance orders and settlement agreements are also recorded if such information is available.

Not included are any other (supplementary) arbitral decisions, e.g. concerning provisional measures or decisions regarding requests for disqualification of arbitrators. Similarly, procedural orders issued by arbitral tribunals are not included. To access a full list of documentation available with respect to a case, users are invited to use (i) the link to the case page on http://italaw.com, and/or (ii) links to the websites of governments and/or arbitral institutions provided in the “Additional information” section.

Amounts claimed and awarded

Amount claimed refers to the amount of monetary compensation claimed by the investor, not including interest, legal costs or costs of arbitration.

Amount awarded refers to the amount of monetary compensation awarded by the arbitral tribunal to the claimant, not including interest, legal costs or costs of arbitration.

For proceedings that end in a settlement, the amount of compensation that the State agreed to pay to the claimant under the terms of settlement (if known) is recorded in this section.

Amounts are recorded in the currency used by the claimant/tribunal. The list of currencies in the Navigator follows the International Organization for Standardization (ISO) 4217 code list.

To enable comparisons between cases, all amounts are also converted to US dollars. For the purposes of such conversion, the OANDA Historical Currency Converter is being used; the date of conversion is the date of the document or other source from which the information was obtained (e.g. the date in which the request for arbitration containing this amount was submitted or the date of the final award).

Whenever possible, information about amounts claimed and awarded is obtained from primary sources such as the arbitration documents. Otherwise, it is derived from other publicly available sources that are deemed reliable. In some cases, the approximate amount may be recorded to give a broad indication of the dispute’s magnitude. As a general rule, a rounded figure (to the nearest hundred thousand) of the amount claimed or awarded is provided.

If the claimant provides more than one valuation of damages claimed, the highest of these amounts is recorded.

IIA breaches alleged and found

Information about breaches alleged is primarily derived from the claimant’s request of arbitration, claimant’s memorials and/or arbitral decisions. When the relevant case documentation is not publicly available, information about breaches alleged may be obtained from other public sources that are deemed reliable.

Information about breaches found is primarily derived from the arbitral decisions. When the relevant decision is not publicly available, information about breaches found may be obtained from other public sources that are deemed reliable.

Claims concerning expropriation are classified as “direct” or “indirect” according to the characterisation made by the claimant and/or the tribunal. Whenever a claimant or the tribunal refer to “expropriation”, without distinguishing between “direct” or “indirect”, such distinction is made on the basis of the factual background of the case and the context of the claimant’s claims and tribunal’s findings.

Composition of tribunal

These are individuals who serve as members of the arbitral tribunal adjudicating the dispute (arbitrators).

The disputing party (i.e. claimant or respondent) that appointed a particular arbitrator is also recorded insofar as information is available. Instances where the respondent failed to appoint an arbitrator, and the latter was appointed by an “appointing authority”, are not recorded separately (i.e. both types of appointment are recorded under “Appointed by / designated to Respondent” without further distinction).

In case an arbitrator has been replaced by another individual (e.g. as a result of resignation, disqualification or passing away), the names of both the previous and subsequent arbitrator are recorded.

Follow-on (post-award) proceedings

Follow-on (post-award) proceedings include three types of legal proceedings:

  • ICSID annulment proceedings;
  • Judicial review by national courts (set-aside proceedings); and
  • ICSID resubmission proceedings.

Initiation of a follow-on proceeding by either disputing party does not affect the field “Case Status/Outcome” of the original proceeding, until the follow-on proceeding is completed. For example, in a case where a final award has been rendered but it is later subject to a follow-on proceeding (e.g. ICSID annulment proceeding), the status of the case is marked according to the outcome of the original arbitral proceeding (i.e. not as “Pending”).

Decisions, judgments and/or awards rendered in the course of follow-on (post-award) proceedings, as well as any individual opinions appended to them, are recorded.

The composition of the ICSID ad hoc committees that adjudicate requests for annulment under the ICSID Convention is recorded.

Link to Italaw’s case page

The Italaw.com portal offers a wide collection of case documentation for many investor-State disputes. It makes available not only the main arbitral decisions, but also procedural orders, parties’ submissions, expert opinions and other types of documents.

A link to the relevant case page at http://italaw.com is provided where such page is available, so that users could browse all documents relating to the case at hand.

Additional information

This section provides links to sources of information used for gathering data for the case at hand or otherwise relevant to that case. These may include links to websites of arbitral/administering institutions, governments, international organisations, specialised reporting services (including subscription-based), media and other resources.

Number of cases as respondent State
1 60
Updated as of 31 December 2017

Czech Republic - as respondent State

Clear selection
Loaded 35 out of 35 Show all
No. Year of
initiation
Short case
name
Summary Outcome of
original proceedings
Respondent
State
Home State
of investor
1 2017 Pawlowski and Project Sever v. Czech Republic Pawlowski AG and Project 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. Pending Czech Republic Switzerland Tertiary: F - Construction 41 - Construction of buildings Beechey, J. - Claimant

Fernández-Armesto, J. - President

Lowe, V. - Respondent
3130.00 mln CZK (131.90 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
2 2016 A.M.F. Aircraftleasing v. Czech Republic A.M.F. Aircraftleasing Meier & Fischer GmbH & Co. KG v. Czech Republic Czech Republic - Germany BIT (1990) Data not available Data not available 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. Pending Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Direct expropriation
Pending None None None None None None None
3 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 Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
None - all claims dismissed at the merits stage Final Award dated 10 March 2017 None None None None None None
4 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 Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
None - all claims dismissed at the merits stage Final Award dated 10 March 2017 None None None None None None
5 2015 WCV and Channel Crossings v. Czech Republic WCV Capital Ventures Cyprus Limited and Channel Crossings Limited v. The Czech Republic 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. Pending Czech Republic Cyprus Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Fernández-Armesto, J. - President

Alexandrov, S. A. - Claimant

Clodfelter, M. A. - Respondent
1000.00 mln CZK (41.20 mln USD) Data not available Data not available Pending None None None None None None None
6 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 the 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 damages 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 the blind and visually impaired people. Pending Czech Republic 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
565.00 mln CZK (23.80 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Pending Decision on Jurisdiction dated 9 February 2017 None None None None None None
7 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 Czech Republic 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
8 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 Czech Republic 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
9 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 Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Indirect expropriation
None - all claims dismissed at the merits stage Award dated 22 February 2017 None None None None None None
10 2013 Antaris v. Czech Republic Antaris Solar GmbH and Dr. Michael Göde v. The Czech Republic 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 from solar power plants.
Equity interests in several Czech energy companies engaged in the photovoltaic sector. Pending Czech Republic 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
70.00 mln EUR (90.80 mln USD) Data not available Data not available Pending None None None None None None None
11 2013 Europa Nova v. The Czech Republic WA Investments-Europa Nova Limited v. The Czech Republic Cyprus - Czech Republic BIT (2001)

The Energy Charter Treaty (1994)
UNCITRAL Data not available 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. Pending Czech Republic 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
Data not available Data not available Data not available Pending None None None None None None None
12 2013 G.I.H.G. and others v. Czech Republic G.I.H.G. Limited, Natland Group Limited, Natland Investment Group NV, and Radiance Energy Holding S.A.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. Pending Czech Republic 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
Data not available Data not available Data not available Pending Interim Award dated 2017 None None None None None None
13 2013 I.C.W. v. The Czech Republic I.C.W. Europe Investments Limited v. The Czech Republic Czech Republic - United Kingdom BIT (1990)

The Energy Charter Treaty (1994)
UNCITRAL None 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. Pending Czech Republic 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
Data not available Data not available Data not available Pending None None None None None None None
14 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 Czech Republic 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
15 2013 Photovoltaik Knopf Betriebs v. The Czech Republic Photovoltaik Knopf Betriebs-GmbH v. The Czech Republic Czech Republic - Germany BIT (1990)

The Energy Charter Treaty (1994)
UNCITRAL Data not available 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. Pending Czech Republic 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
Data not available Data not available Data not available Pending None None None None None None None
16 2013 Voltaic Network v. The Czech Republic Voltaic Network GmbH v. The Czech Republic Czech Republic - Germany BIT (1990)

The Energy Charter Treaty (1994)
UNCITRAL Data not available 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. Pending Czech Republic 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
Data not available Data not available Data not available Pending None None None None None None None
17 2009 ECE v. Czech Republic ECE Projektmanagement International GmbH and Kommanditgesellschaft PANTA Achtungsechzigste Grundstücksgesellschaft mbH & Co v. The Czech Republic 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 Czech Republic 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
18 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 Czech Republic 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
19 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 Czech Republic 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
20 2008 InterTrade v. Czech Republic InterTrade Holding GmbH v. The Czech Republic 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 Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

National treatment

Full protection and security, or similar

Indirect expropriation
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
21 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 Czech Republic 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
22 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 Czech Republic 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
23 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 Czech Republic 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
24 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 Czech Republic 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 Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Direct expropriation

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
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
25 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 Czech Republic 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
26 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 Czech Republic 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 Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Full protection and security, or similar

Most-favoured nation treatment

National treatment

Indirect expropriation

Customary rules of international law
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
27 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 Czech Republic 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. - Unknown

Greenwood, C. - Unknown
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
28 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 Czech Republic 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
29 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 Czech Republic 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
30 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 Czech Republic 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
31 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 Czech Republic 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
32 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 Czech Republic 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
33 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 Czech Republic 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
34 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 Czech Republic 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
35 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) Czech Republic 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