Mezinárodní investiční arbitráž ve vybraných členských státech EU

Kiselyová, Miriama

International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...

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