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Tribunal finds BIT remains in force and sees no conflict with EC law
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Parties spar over effect of EC law on Germany-Czech Republic BIT
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Parties left to bear own costs with arbitral fees split evenly
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Other BIT claims – including discrimination and full protection and security – are swiftly dismissed
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Tribunal supported Tecmed standard on FET, but found no breach
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Dispute stemmed from investor’s guarantee for tax liabilities of fraudulent third parties
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Tribunal disclaimed power to interpret domestic law, but saw insufficient evidence for investor’s proposed interpretation
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