English court interprets provisions of BIT

In Czech Republic v European Media Ventures SA [2007] EWHC 2851 (Comm), Simon J interpreted the arbitration provisions of a bilateral investment treaty, concluding that the tribunal which had been appointed pursuant to those provisions had jurisdiction to hear and determine the claims which had been referred to it.

The judgment is a relatively unusual example of the English court grappling with the interpretation of an international investment treaty. The judgment of Simon J contains a helpful and concise summary of the applicable principles, and also provides a good illustration of the approach which the court is likely to take to extraneous "contextual material" relied upon in support of a particular interpretation.