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Selected aspects of resolving international investment disputes
Skolil, Ivo ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
Resumé This thesis on selected aspects of the resolution of the international investments disputes tackles the challenge of the arbitrator under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its main aim is to analyze current legal regulation of the arbitrator's qualification and the following challenge procedures. Further to analyze, how is current international practice with regard to issue of impartiality and independence of arbitrators in case law of the International Centre for Settlement of Investment Disputes. Upon such analysis to reveal shortcuts of the legal regulation and case law and propose future improvements for the whole system of the arbitrators' challenges. The thesis itself is dividing into chapters, the first chapter deals with the arbitrators' qualifications and challenges in the international investment arbitration. Further refers to the interpretation of relevant articles of the Washington Convention by arbitral tribunals and to conclusions formulated by them in challenge decisions. The second chapter is base on the comparison between arbitrators' challenges and qualifications in the international investment arbitration and the international commercial arbitration, where is main target to analyze differences of both systems....
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Procedural legal aspects of dispute resolution in international economic law
Jakabová, Katarina ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Katarína Jakabová Abstract ABSTRACT Procedural aspects of the dispute settlement in international economic law The dispute settlement in the international economic law of nowadays takes place under more institutionalized mechanism as in the past half-century. The aim is clear: better enforceability of the law (of the award) based on the fast and efficient "under one roof" procedure. This thesis focuses on the procedural aspects of the dispute settlement within the World Trade Organization (WTO), the International Centre for Settlement of Investment Disputes (ICSID) and the North American Free Trade Agreement (NAFTA). Each of these three organizations has its own special dispute settlement procedure, which is above all distinctive from the international trade law by having at least one (member) state as a party to a dispute. I have chosen WTO because it regulates the disputes on a state-state level arising from all the WTO agreements between all WTO members, which makes it the biggest (and very effective, let's admit) dispute settling platform worldwide. ICSID is the first and most popular mixed arbitration allowing a non-state party (an investor) to be a party to a dispute. And finally, NAFTA, even if it is on a substantial level complementing the WTO agreements, represents their competitive version on the...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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International investments disputes - resolution
Drbálek, Miloslav ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee)
International arbitration according to the ICSID arbitration rules forms a unified legal framework, which serves as an important, organized tool for investment protection and law enforcement. This thesis focuses on examining the conditions under which arbitration shall be conducted before ICSID, trying to cover the rules of arbitration from its initial stage, through written and oral proceedings, to the rendering of the arbitral award. Part of this work is also dedicated to an examination of the costs of arbitration proceedings and the place of its holding. An important source for this work are ICSID arbitration awards and all other related documents that are publicly available if the parties to the dispute have given their consent to such publication. Arbitration proceedings can be observed in the published materials in their entirety, from the rules governing them, the method of initiating arbitration proceedings, the appointment of arbitration tribunals, conducting written and oral proceedings, including all bifurcation proceedings, interim measures, to the rendering of an arbitration award. Arbitration according to the arbitration rules before the ICSID consists of incredibly detailed procedural rules, which can be largely changed at will by agreement of the parties to the dispute. In practice...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Transatlantic Trade and Investment Partnership (TTIP)
Rott, Michael ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) In the field of international law, the negotiated agreement between the EU and the US - TTIP - is a major source of law. In addition, its intended scope should encompass the provisions on investment protection. However, during the course of the bilateral negotiations, there was a leak of information which revealed that the agreement should include provisions of the dispute settlement mechanism that do not differ in its substantial aspects from those which are and have been incorporated into bilateral investment agreements between States. Therefore, in the process of investment disputes initiated under the TTIP agreement, the major influence would have had the provisions of international conventions which set out the rules for the functioning of the International Investment Tribunals - the Convention of the International Centre for the Settlement of Investment Disputes and the Arbitration Rules of the United Nations Commission on International Trade Law. However, given that both the general public and professional circles have long expressed concerns that question the very legitimacy of the international investment arbitration, this fact have been accepted with great disrespect. This was particularly, because of the previous practice of decision-making in the investment disputes, which...
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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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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Tomášek, Michal (advisor) ; Balaš, Vladimír (referee) ; Křepelka, Filip (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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International Investment Agreements and European Union Law
Fecák, Tomáš ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Selected aspects of resolving international investment disputes
Skolil, Ivo ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
Resumé This thesis on selected aspects of the resolution of the international investments disputes tackles the challenge of the arbitrator under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its main aim is to analyze current legal regulation of the arbitrator's qualification and the following challenge procedures. Further to analyze, how is current international practice with regard to issue of impartiality and independence of arbitrators in case law of the International Centre for Settlement of Investment Disputes. Upon such analysis to reveal shortcuts of the legal regulation and case law and propose future improvements for the whole system of the arbitrators' challenges. The thesis itself is dividing into chapters, the first chapter deals with the arbitrators' qualifications and challenges in the international investment arbitration. Further refers to the interpretation of relevant articles of the Washington Convention by arbitral tribunals and to conclusions formulated by them in challenge decisions. The second chapter is base on the comparison between arbitrators' challenges and qualifications in the international investment arbitration and the international commercial arbitration, where is main target to analyze differences of both systems....
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