Rozhodčí doložky ve dvoustranných dohodách o podpoře a ochraně investic a jejich (ne)soulad s právem EU

Galis, Daniel

Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law Abstract The objective of this Master's Thesis is to critically analyse the Achmea judgment and its repercussions for the compatibility of arbitration clauses in the intra-EU BITs with the EU law. In the first part, the thesis therefore focuses on the judgment itself and identifies the main legal grounds the Court relied upon and contrasts them with the relevant case-law and doctrinal opinions. Firstly, the principle of the autonomy of the EU law is introduced and the applicability of the Article 344 TFEU on the investment arbitration is discussed. Then, it is considered whether an arbitral tribunal established under an intra-EU BIT may be a tribunal within the meaning of the Article 267 TFEU and whether subsequent review of the award by national court may be sufficient to guarantee its compliance with the EU law. Particularly, the thesis focuses on the Court's distinction between the commercial and investment arbitral tribunals. The first part ends with an analysis of the principle of the mutual trust and its role in the Achmea judgment. The second part of the thesis then deals with the development after the judgment. Following a brief introduction into the political shift against the intra-EU BITs which occurred...

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