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No abuse in investor not disclosing its ultimate plans to dispose of portfolio investment
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Tribunal refuses to stretch concept of unjust enrichment to fit a situation where the state is a minority shareholder in the company that had benefited
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Counterclaims based on violations of Czech law are not closely connected with the primary claim
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Illegality objection also raised, and tribunal takes formalistic view of Saluka’s non-accountability for any alleged misdeeds of Nomura
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Counterclaims raised by the Czech Republic
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Nomura’s investment also gave it a valuable stake in prominent brewery
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Tribunal rejects the Czech Republic’s challenge to the validity of Saluka’s investment
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Nomura’s IPB’s shares are transferred to Saluka holding vehicle
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No requirement to have deep roots in home country
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Tribunal decides that Saluka qualifies as an investor
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Tribunal finds that the SPA’s mandatory arbitration clause prevents it from exercising jurisdiction over one set of counterclaims: those related to the SPA
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The Czech Republic’s treatment of the bad debt problem is discriminatory
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Tribunal distinguishes regulatory action from expropriation, and views IPB’s forced administration as a lawful regulatory action
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Tribunal offers views on state aid
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The Czech Republic did not negotiate in good faith
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Tribunal ties FET to ‘legitimate expectations’ and sets out factors for consideration of legitimate expectations
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Alleged failure to ensure a predictable and transparent legal framework is rejected
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Transparency also deemed to be lacking
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No breach of full protection and security
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