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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

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

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 18 February 2020

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.

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