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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Šturma, Pavel (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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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 Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Balaš, Vladimír (advisor) ; Hofmannová, Mahulena (referee) ; Feigerlová, Monika (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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