Czech Republic v CME Czech Republic BV, Judgment of the Svea Court of Appeal, T 8735-01, IIC 63 (2003), 15th May 2003, Sweden; Stockholm; Svea Court of Appeal
Whether the dissenting arbitrator had been excluded from deliberations, warranting a declaration that the arbitration award be invalid.
Whether the arbitral award was based on the appropriate applicable law.
Whether a prior arbitration award rendered against the Claimant’s controlling minority shareholder for the Respondent on the same facts but under a different bilateral investment treaty constituted lis pendens or res judicata grounds to set aside the subsequent award.
Whether the Tribunal exceeded its mandate by applying provisions of the Netherlands/Czech Republic BIT to alleged violations that took place prior to when the investment was held by the Claimant, or whether the Respondent’s failure to raise said jurisdictional objection constituted a waiver.