Case T 8735-01-77, The Czech Republic v. CME Czech Republic B.V. - Expert Opinion of Professor Sacerdoti
Article from: TDM 5 (2005), in Investor-State Disputes - International Investment Law
Introduction
Professor Sacerdotis' legal opinion deals specifically with the following issues that have been raised by the Czech Republic in its challenge to the validity of the Award: 1) Application by the Tribunal of law other than that agreed by the parties and/or properly applicable; 2) Disregard by the Tribunal of the principles of lis pendens and of res iudicata, based on which, according to the CR, the Tribunal should not have proceeded with the issuance of its award, and/or its award is invalid, in view of the prior issuance (on 3 September 2001 in London) of ...