Monday, March 14, 2011

Saluka Investments B.V. vs The Czech Republic

An international arbitral tribunal had found that the Czech Republic breached the international treaty between the Netherlands and the Czech Republic for the promotion and protection of investments in an action brought by Nomura affiliate Saluka Investments B.V. (Saluka).    Saluka held 46.16% of the shares of Investicni a Postovni banka (IPB) in the Czech Republic. Following a programme of discriminatory state aid to IPB’s competitors, the Czech Republic placed IPB into forced administration in June 2000 and transferred its business over the following weekend to rival Ceskoslovenska Obchodni banka (CSOB) for one Czech crown.
 
The arbitral tribunal held the Czech Republic’s actions to be a breach of its obligation to treat foreign investors fairly and equitably. The case has further proceeded  to its second phase, in which the arbitral tribunal assessed the amount of damages that the Czech Republic had to pay.

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