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Saluka Investments BV v Czech Republic, Partial Award, IIC 210 (2006), 17th March 2006, Permanent Court of Arbitration [PCA]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 19 September 2020

Whether Saluka's shareholding in a state-owned commercial bank (‘IPB’) could be qualified as an investment under Article 1 of the Netherlands/Czech Republic BIT.

Whether fair and equitable treatment standard under Article 3.1 of the BIT was an autonomous standard.

What the relationship was between an autonomous standard of fair and equitable treatment and the minimum standard of treatment under customary international law, and which one provided more protection.

Whether the Czech Republic violated the standard of fair and equitable treatment when it treated IPB, the Czech bank partially owned by Saluka, differently in comparison with other big banks, by excluding it from state aid available to those other banks.

Whether the Czech Republic impaired Saluka's enjoyment of its benefits under Article 3.1 of the BIT.

Whether the Czech Republic deprived Saluka from its investment through the forced administration of IPB, and, if so, whether the deprivation was justified in light of the potential negative impact of IPB's failure on the entire Czech banking sector.

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