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Third Party funding in international investment arbitration
Juráš, Jan ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 Third Party Funding in International Investment Arbitration ABSTRACT Third-Party Funding (TPF) in investment arbitration is a relatively new, but fast-growing phenomenon that is attracting a lot of attention as besides providing certain benefits, it is also connected with significant risks that could endanger the entire Investor-state dispute settlement system. This system is heavily criticized for its imbalance and for favouring investors in the arbitrages. The increasing use of TPF can even further disrupt this already fragile and unbalanced system of dispute resolution. Traditionally, TPF was used as a way of access to justice, as the external party, which was not connected to the dispute, has decided to provide finances to one of the parties of the dispute so this party would be able to initiate an impartial legal dispute settlement. International investment arbitrations have become very expensive in the last decades, and thus TPF seemed to be an ideal way of how to help an insolvent investor to access justice against states that have violated their obligations arising from investment treaties. However, ever since the 2008 financial crisis, TPF in investment arbitration has become a very profitable business operated by several big litigation funding companies. These corporations are conducting a very...
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New trends in international commercial arbitration
Jakoubek, Lukáš ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
This diploma thesis deals with the latest trends in international commercial arbitration. Specifically, it focuses on transparency in international investment arbitration and third-party funding in international commercial arbitration. The objective of this thesis is to provide a comprehensive interpretation of a gradual development of these trends and to also give potential Czech readers an idea about present hot topics in international arbitration coming mostly from foreign sources of bibliography. The thesis is divided into three chapters. The first chapter dedicates itself to defining arbitration in the context of various dispute resolution methods and provides its basic comparison to international arbitration. At the same time, it offers an insight into the advantages and disadvantages of this type of dispute resolution and it discusses the principles of confidentiality and privacy of arbitration proceedings. The second chapter is divided into two main parts. The first one is focused on defining key terms of the specific area of international investment arbitration, including different regimes of treatment of international investments in order to protect them. It also includes a detailed description of the most important sources of international investment law and further discusses ways to...
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New trends in international commercial arbitration
Jakoubek, Lukáš ; Brodec, Jan (referee) ; Pfeiffer, Magdalena (referee)
This thesis deals with the latest trends in international commercial arbitration. Specifically, it focuses on transparency in international investment arbitration and third-party funding in international commercial arbitration. The objective of this thesis is to provide a comprehensive interpretation of a gradual development of these trends and to also give potential Czech readers an idea about present hot topics in international arbitration coming mostly from foreign sources of bibliography. The thesis is divided into three chapters. The first chapter dedicates itself to defining arbitration in the context of various dispute resolution methods and provides its basic comparison to international arbitration. At the same time, it offers an insight into the advantages and disadvantages of this type of dispute resolution and it discusses the principles of confidentiality and privacy of arbitration proceedings. The second chapter is divided into two main parts. The first one is focused on defining key terms of the specific area of international investment arbitration, including different regimes of treatment of international investments in order to protect them. It also includes a detailed description of the most important sources of international investment law and further discusses ways to resolve...
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