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Arbitration Clauses in Bilateral Investment Treaties and their (in)compatibility with EU law
Galis, Daniel ; Navrátil, Petr (advisor) ; Vondráčková, Aneta (referee)
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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Investment Protection in the European Union
Olík, Miloš ; Pauknerová, Monika (advisor) ; Feigerlová, Monika (referee) ; Ondřej, Jan (referee)
1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a...
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