Abstrakt
Comment deals with jurisdictional phase of investment dispute under Treaty concerning the encouragement and reciprocal protection of investments between Federal Republic of Germany and Czech and Slovak Federal Republic, signed at Prague on October 2, 1990 (with protocol and exchange of notes dated 10 January and 13 February 1991), entered into force on August 2, 1992, i.e. 30 days after the exchange of the instrument of ratification, which took place at Bonn on 3 July 1992 in accordance with article 13 (2) (hereinafter BIT) in which German investor Rupert Joseph Binder claimed against the Czech Republic unspecifi ed sum ranging from CZK 2,3 billion to 5 billion (USD 136 mil - to 195 mil) due to damage caused to Mr. Binder''s investment by alleged bullying by Czech Customs Authorities.
Such systematic pressure has, according to investor, led to factual liquidation of his business. Author presents brief outline of the facts of the case.