The signed investment protection treaty with Australia is a ready pasquil. But that is not far from everything, because there are far more provisions in the treaty, from which it literally heads around.
A totally scandalous interstate treaty for investment protection is the remnant of the wild transformation of the early 1990s. Document retroactivity, trans-territoriality, zero money laundering, anonymity of creditors, holding of multi-step ownership and other madness in case of arbitrage
Under Article 3, paragraph 4, one party may not oppose the use of other party's legal or political measures if they are more advantageous. This implies that investors can legitimately lobby themselves at the level of political representations and governments and use the ad-hoc legal regulations of both countries and apply them in the second country with reference to this treaty on investment protection. This is called "trans-territoriality," and developed countries do not allow it. Article 8, paragraph 3, stipulates in the contract that the investor's right to protect the interests of his creditors (from which the investor has lent money to an investment in the Czech Republic).There is no need to quote and describe the entire treaty, it is absolutely clear that mining of Cínovecký lithium has only two possible solutions at this moment. Either the abandonment of mining to the Australians as the lithium stocks stand or lie, or the instigation of massive arbitrage against the Czech Republic for destroying the investments of many capital investors that they probably will never even trace. The terms and conditions set forth in the investment protection contract are absolutely clear and can not be softened or excused.
The Australian mining company has so far issued 87 million ordinary shares.
The contract protects not only the investor in the Czech Republic, but also his creditors, their capital. The investor can use the legal and political instruments of both countries. Since November, Richard Pavlík, a Czech citizen, will be the owner of the EMH shares and may be prosecuted and arbitrarily prosecuted under both international law and the investment protection treaty, where one of the investors, even if small, is the director of Geomet. Thus, in the case of arbitration, the principle of trans-territoriality will not be questioned because the shareholder of the Australian mining company will be a Czech citizen.Careful pitfalls of Andrej Babiš around the lithium case in recent days are quite logical. It's going around the hot slurry that instead of slowing down, so its temperature rises alongside how Australian leadership pulls other and other foreign capital and investors from Britain into Chinatown. Andrej Babiš must be very careful not to invade the Australians and not to start arbitration against the Czech Republic.
Australians have nothing to lose. Either they will extract lithium as they have lent the memorandum, or download the Czech Republic in arbitration from the skin. The second option seems even more profitable!
Source: http://bit.ly/2GGhY59
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