CYIL 2011

CZECH EXPERIENCE WITH BILATERAL INVESTMENT TREATIES: SOMEWHAT BITTER … B. Pending 82

14. Rupert Joseph Binder BIT: Germany

venue/rules: UNCITRAL claimed amount: CZK 2.3 billion Grounds: Alleged illicit practices of Czech customs authorities impeding the business of the claimant’s com pany providing assistance with customs clearance proceedings, leading to its bankruptcy. Outcome: Partial award issued – tribunal accepted jurisdiction (2007). Further proceedings pending.

15. ECE Group BIT: Germany

venue/rules: unknown claimed amount: CZK 1.8 billion Grounds: Lengthy and inconsistent conduct of construction authorities towards a property development company which was intending to build a shopping centre. Outcome: Pending

16. Peter Franz Vöcklinghaus BIT: Germany

venue/rules: ICC claimed amount: CZK 982 million Grounds: Claimant owned 50% of the company V.P. Cihelny, building a golf course. The company went bankrupt and the golf course was auctioned off to a third party, allegedly fraudulently and for a fraction of its value. Outcome: Pending

17. InterTrade BIT: Germany

venue/rules: unknown claimed amount: USD 20 million Grounds: Alleged discrimination of claimant’s daughter company CE WOOD in a tender for cutting the wood in state owned forests. Outcome: Pending

18. Konsortium Oeconomicus BIT: Switzerland

venue/rules: unknown claimed amount: CZK 710 million Grounds: The claimant advanced a loan to a company called Eco Gaia for the construction of an incinera tion plant, but the debtor went bankrupt. The claimant alleges that the loan was guaranteed by the state. Outcome: Pending

82 Several other investors have notified the Czech Republic of the existence of investment disputes, but have not lodged a request for arbitration thus far.

267