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Ceskoslovenska Obchodni Banka v. Slovakia

Type of decisionDecisions on Objections to Jurisdiction
Date of decision24 May 1999
Tribunal
Thomas Buergenthal (President)
Andreas Bucher
Piero Bernardini
Legal instrumentBIT between Czech Republic and Slovakia (2002)
Related decision(s)Decision of the Tribunal on Respondent's Further an Partial Objection to Jurisdiction, 1 December 2000
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Statements from this decision

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In particular, the defence of estoppel requires good faith reliance
The provisions within an IIT concerning its entry into force must be complied with in order to apply the treaty
The provisions within an IIT concerning its entry into force must be complied with in order to apply the treaty
The question of whether the parties have expressed their consent is not answered by reference to national law
The state’s consent can also be based on other forms of acceptance, provided that the intention to be bound is clear
Consent can be based on an agreement which does not explicitly provide for dispute settlement by ICSID but does make reference to an IIT doing so within the agreement’s applicable law clause. The fact that the treaty is not in force is irrelevant in this respect.
“Investment” can be interpreted broadly; applying the language of the preamble, an international transaction which contributes to cooperation that is designed to promote the economic development of a Contracting State may be deemed to be an investment as that term is understood in the Convention
Whether there is an investment is subject to a two-part test in treaty-based ICSID proceedings
Whether there is an investment is subject to a two-part test in treaty-based ICSID proceedings
A dispute must be deemed to arise directly out of an investment even when it is based on a transaction which, standing alone, would not qualify as an investment under the Convention, provided that the particular transaction forms an integral part of an overall operation that qualifies as an investment
A government owned company should not be disqualified as a national of another Contracting State unless it is acting as an agent of the government or is discharging an essentially governmental function
States can limit the scope of the Centre’s jurisdiction by making a reservation under Article 25 (4) ICSID Convention

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