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Damages in investment disputes
Bejleková, Šárka ; Balaš, Vladimír (advisor) ; Faix, Martin (referee)
1 Abstract This thesis aims to transparently elaborate the topic of damages in investment disputes. Chapter One is a brief introduction to the problem. It provides a short clarification of the concept and meaning of arbitration and its importance for the protection of investors; it also describes the principles of modern forms of investor protection. The end of the first Chapter includes a short introduction regarding the sources on damages in investment arbitration. Chapter Two deals with the issue of valuation. At the beginning the author approaches the issue in general, describing the basic terminology and definitions and providing the classification of the valuation methodology (Market-Based Approache, Income- Based Approach, Asset-Based Approach). This is followed by outlining the issues related to the term "market value", when the author focuses on the questions related to the calculation of fair market value, its use in practice, issues related to this use, etc. The next is the theme of damage arising from the breach of a contract and by describing the ways of valuation of the damage arising from the breach of a contract. The Chapter also includes the study regarding the issue of the determination of damages in the absence of the market, and analyses the issue of the moment as at which the valuation...
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International Investment Protection from Expropriation
Štefánková, Iveta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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Rusko a Dohovor k energetickej charte
Gabrišová, Michala ; Cibulková, Petra (advisor) ; Dubský, Zbyněk (referee)
Energy Charter Treaty and related documents have brought a new dimension in legislative regulations of investment protection and investment dispute settlement in energy sector. It is now only a multilateral legally binding instrument that covers all spheres of economic activity in that sector. However, Russian Federation, as the strategic partner of European Union has recently decided to back out of this contract. The aim of the thesis is to clarify legislation of the Energy charter, it's importance and to connect it with the Russian case. Main part focuses on role of Russian media in the process of changing their attitude towards the Treaty and how media influenced Russian decision to withdraw from that contract.
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International Arbitration in Investment Disputes
Očenášková, Barbora ; Švarc, Zbyněk (advisor) ; Grmelová, Nicole (referee)
This thesis analyses the function of international arbitration in investment disputes. The first part briefly concentrates on the characteristics of investments and connected risks, as well as the sources of international investment law. The next part is dedicated to the different types of disputes and to the possible ways of settling them. In particular, the thesis examines international arbitration -- mainly ICSID arbitration and disputes settled under UNCITRAL arbitration rules. The last section looks at concrete examples of investment disputes involving the Czech state as a party.
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