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Applicable law in international investment arbitration
Honzová, Nikola ; Pauknerová, Monika (referee)
Author: Nikola Honzová Title of thesis: Applicable law in international investment arbitration This thesis aims to map the issues of applicable law in international investment arbitration from three perspectives: procedural law, substantive law and the possible application of european law. The thesis is divided into seven chapters. The first part, together with the second part, deals with the general theoretical background of international investment arbitration, with an emphasis on their nature and specificities. The third chapter aims to analyse international investment law and relevant sources of international investment law. The fourth chapter then deals with the applicable law from a procedural perspective, taking into account delocalization theory and seat theory. The fifth chapter maps the environment of applicable substantive law to investment disputes from two perspectives, namely whether or not a choice of law has been made. The sixth chapter maps whether european law is applicable in the international investment arbitrations given the special nature of the European Union. Finally, chapter seven reflects and summarises findings and, on the basis of these findings, the author of the thesis formulates her views on the issue.
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Lipovský, Milan (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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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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Protection of Foreign Investments
Rychtrová, Lenka ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Foreign Investment Protection One of the signs of globalization is the flow of foreign investment, which continually increases. Because of the benefit that it can bring, there is an interest in its protection. The purpose of my thesis is to analyse the protection of foreign investment in the Czech Republic, focusing on dispute resolution. The first chapter deals with the definition of foreign investment. It is focused on this legal term in multilateral international agreements and bilateral investment treaties. The second chapter contains the sources of relevant law. The main part of the thesis is the third chapter. It characterises the concept of resolving disputes in the field of investment. The first part of the chapter describes litigation between states especially within the framework of the World Trade Organisation. The second part explains the resolution of conflicts between the investor and the target State though the International Centre for Settlement of Investment Disputes (ICSID) and it examines particular provisions of the ICSID Convention. The third section of the chapter is focused on investment disputes brought before the arbitration body. The majority of bilateral investment treaties refers to the arbitration rules of UNCITRAL, which regulates the procedure. The text also discusses...
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee) ; Chovancová, Katarína (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Expropriation and investment protection
Vlachová, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee) ; Chovancová, Katarína (referee)
Expropriation and investment protection Abstract This dissertation deals with the issue of protection of foreign investments, especially the issue of the expropriation of foreign investments. The basic terms related to investment protection and expropriation are defined. Legal expropriation and its conditions are described at first. In the case of illegal expropriation, the state is forced, besides compensation for expropriation, to cover the damage caused by the unlawful interference. The history of investment protection is briefly presented. The next chapter deals with the legal sources in which we can find conditions of expropriation and investment protection. Attention is paid to the legal regulation of expropriation in Czech law. The thesis also focuses on investment cases, where expropriation was the main issue. Finally, the disputes that are currently brought against Czech Republic by foreign investors are mentioned. The conclusion of the dissertation deals with the problems de lege ferenda and the expected development of the legal regulation. Key words: expropriation, investment protection, investment disputes
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Protection of Foreign Investments
Rychtrová, Lenka ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Foreign Investment Protection One of the signs of globalization is the flow of foreign investment, which continually increases. Because of the benefit that it can bring, there is an interest in its protection. The purpose of my thesis is to analyse the protection of foreign investment in the Czech Republic, focusing on dispute resolution. The first chapter deals with the definition of foreign investment. It is focused on this legal term in multilateral international agreements and bilateral investment treaties. The second chapter contains the sources of relevant law. The main part of the thesis is the third chapter. It characterises the concept of resolving disputes in the field of investment. The first part of the chapter describes litigation between states especially within the framework of the World Trade Organisation. The second part explains the resolution of conflicts between the investor and the target State though the International Centre for Settlement of Investment Disputes (ICSID) and it examines particular provisions of the ICSID Convention. The third section of the chapter is focused on investment disputes brought before the arbitration body. The majority of bilateral investment treaties refers to the arbitration rules of UNCITRAL, which regulates the procedure. The text also discusses...
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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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Expert in international commercial arbitration and investment disputes
Gregor, Lucie ; Růžička, Květoslav (advisor) ; Ondřej, Jan (referee) ; Kunz, Oto (referee)
This Dissertation is focused on issues concerning the position of an expert in international arbitration proceedings and in international investment disputes. Unlike proceedings conducted before general courts of law, arbitration proceedings have a number of advantages, and therefore they are used very often to resolve disputes in this area, and arbitration proceedings are used almost exclusively with regard to resolution of disputes relating to international investments. The aim of the Dissertation was an analysis of dispute resolution in arbitration proceedings from the expert's point of view and the expert's position in this procedure. It is without any doubt that experts can help arbitrators to reach a qualified resolution of disputes in a significant way. At first, the Dissertation deals with general and historical issues, such as comparison of methods of dispute solution where an international element appears, in both arbitration and judicial proceedings, and it lists the advantages of arbitration proceedings as well. After specification of the term "expert", the Dissertation provides a view into the expert's profession history in the territory of our country and into its legal regulation. With regard to our membership in the European Union it is, of course, necessary for the Dissertation to...
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