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Tribunal (eventually) recommends suspension of related bankruptcy proceedings in Slovakia
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Dispute is governed by Czech private (but not public) law; tribunal sees role also for international law
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Slovakia ordered to cover $10 million of claimant’s costs
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Tribunal refuses to decrease compensation due to CSOB’s “tax windfall”
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Tribunal determines extent of loan principle and interest that Slovakia is obliged to cover
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CSOB is also awarded (non-compounded) interest on damage claim
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Slovakia’s additional objections to jurisdiction are subsequently rejected in second jurisdictional decision
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Existence of consent to ICSID arbitration is to be determined according to international law, neither extensively nor restrictively
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Contract between the parties also incorporated BIT’s arbitration provisions by reference
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Loans relating to certain receivables not covered due to irregular assignment
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Tribunal applies “double barreled test” for existence of investment in ICSID arbitration
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In finding that CSOB has a protected investment in Slovakia, tribunal emphasizes contribution to economic development over other “Salini criteria”
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CSOB’s activities, if public in purpose, remain commercial in nature
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Slovakia-Czech BIT that never clearly entered into force does not provide independent basis for jurisdiction, nor does official notice mistakenly announcing BIT’s entry into force
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Future assignment of claims to third-party does not defeat present jurisdiction over claimant
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Tribunal confirms that Consolidation Agreement is a legally binding agreement with clear obligations for Slovakia
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