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Unfortunately for claimant, such a merger was not done properly
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Dispute between Belmont and Slovakia was the same as the one started in 2005
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Later acts do not amount to a new dispute
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“Obscure” transactions with third party do not save the claimant since EuroGas I could not transfer BIT claims
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Despite dissolution and bankruptcy, EuroGas I continued to hold rights to Slovak talc mine
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Dissenter would find temporal jurisdiction over Belmont’s dispute
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Slovakia is not estopped from arguing that the dispute falls out of the tribunal’s jurisdiction ratione temporis
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Re-opened bankruptcy proceedings for first EuroGas entity compel the tribunal to postpone dates for arbitral hearings
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Tribunal refuses to interfere with bankruptcy proceedings
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Security for costs rejected; tribunal sees third-party funding as ‘common practice’, not exceptional circumstances
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Tribunal applies Canada-Slovakia BIT’s transparency regime to US-registered joint claimant
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Domestic criminal proceedings against investor employee lead to request for provisional measures, but tribunal is unmoved
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