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Damages in investment disputes
Jurák, Michal ; Balaš, Vladimír (advisor) ; Pohl, Tomáš (referee)
Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair 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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Fair and Equitable Treatment and Legitimate Expectations in Investment Disputes
Horáková, Tereza ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
The concept of legitimate expectations plays a significant role in international investment law. Although it is only in the past roughly fifteen years that the concept has come to the spotlight, its importance and utilization is on the rise. Generally speaking, the concept of legitimate expectations, under certain conditions, allows a foreign investor to claim compensation in situations where the conduct of a host State creates a legitimate and reasonable expectation that the investor may rely on such conduct, and consequently the host State fails to fulfill those expectations, causing damages to the investor. However, the concept of protection of legitimate expectations has stirred up debates as to the legitimacy of its use in investment law and raised concerns due to its imprecise boundaries and excessively extensive interpretation. Accordingly, it is the goal of this thesis to either confirm or refute two main propositions. The first proposition suggests that the principle of protection of legitimate expectations is an established principle of investment law with traceable origins in both domestic law and general international law. The examination of the first proposition addresses theoretical roots of the concept of legitimate expectations justifying its application in investment law together...
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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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Damages in investment disputes
Jurák, Michal ; Balaš, Vladimír (advisor) ; Pohl, Tomáš (referee)
Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair and...
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