The dispute concerns an alleged “investment” made in the Slovak Republic by the Swiss Claimant. According to the Claimant, the Slovak Republic has breached its duties under the “Agreement between the Czech and Slovak Federal Republic and the Swiss Confederation on the promotion and reciprocal protection of investments” concluded at Berne on October 5, 1990 and entered into force on August 7, 1991 (the “BIT”). When the BIT was concluded, the Respondent was not yet a sovereign State. This occurred on January 1, 1993, following its separation from the Czech Republic. Since such a date, the Slovak Republic succeeded to the BIT as the legal successor of the previous (united) Federal Republic.