Facts
The Czech Republic (the Appellant) had initiated arbitration proceedings against the Claimants [A.] N.V., [B.] Limited (formerly [A1.] Limited), [C.] Limited and [D.] S.à.r.l. (the Respondents). The subject matter was the violation of investment protection agreements by the Czech Republic in the field of solar energy. The Arbitral Tribunal seated in Geneva had, in a Partial Award dated 20 December 2017, affirmed its jurisdiction and established the liability of the Czech Republic on the merits. With a Final Award dated 15 December 2023, it ordered the Czech Republic to pay a total of CZK 350.1512 million plus interest to the Claimants.
The Czech Republic challenged the Partial Award and the Final Award before the Federal Supreme Court. It alleged, among other things, that the Arbitral Tribunal had wrongly affirmed its jurisdiction and violated the right to be heard.
Considerations
The Federal Supreme Court dismissed the appeal. It held that the objection to the Arbitral Tribunal's lack of jurisdiction was no longer admissible, as it should have been raised in the context of the Partial Award of 20 December 2017. The Federal Supreme Court had rejected this objection in its judgment 4A_80/2018 of 7 February 2020.
With regard to the allegation…