Subject matters:

(1) Exclusion of annulment action in Bilateral Investment Treaty

(2) Scope of jurisdiction of an arbitral tribunal

 

Findings:

(1) The wording “final and binding” does not show an intent to exclude any action for annulment in Switzerland against an arbitral award.

(2) The arbitral tribunal based its decision upon events occurred after the investor acquired its investment and therefore did not exceed its jurisdiction ratione temporis.

 

Parties:

Claimant: Czech Republic through the Ministry of Finance

Claimant’s counsel in the court proceedings: Prof. Dr. Franz Kellerhals and Dr. Bernhard Berger (Bern)

Respondent: X. (Dutch company)

Respondent’s counsel in the court proceedings: Mr Matthias Scherer (Geneva)

 

Place of court proceedings: Lausanne, Switzerland

 

Applicable Laws and Convention:

Swiss Federal Statute on Private International Law (1987), Articles 190 and 192

The Netherlands-Cezch Republic Bilateral Investment Treaty (1991), Article 8