International arbitration and investment protection

In the area of international arbitration, we provide our clients with comprehensive legal advice in resolving complicated commercial disputes relating to their business activities. In addition, we assist them in preparing structured arbitration clauses, in proceedings for the annulment of arbitration awards, or in recognising and enforcing foreign court decisions and arbitration awards in the Czech Republic, as well as Czech decisions and awards abroad.

Our lawyers have been involved in representing claimants and defendants in many legally and technically complicated cases under various arbitration rules before different arbitration institutions. In this regard, they have experience in proceedings before the Czech Arbitration Court, as well as at foreign institutions such as the International Arbitration Court at the International Chamber of Commerce in Paris (ICC), the London Court of International Arbitration (LCIA), the Arbitration Court at the Stockholm Chamber of Commerce (SCC), or the Vienna International Arbitration Court at the Austrian Chamber of Commerce (VIAC). We also provide representation in so-called ad hoc arbitrations, including proceedings according to UNCITRAL arbitration rules, but also in international sports arbitration cases (CAS).

In representing clients, our law firm takes advantage of the reliable Grimaldi Alliance network, i.e. an international alliance of independent law firms, which allows our lawyers to initiate  arbitration proceedings practically in any country, legal jurisdiction, or language.

Thus, our lawyers act not only as legal representatives and advisors to our clients but also as arbitrators or experts on Czech substantive and procedural law. In addition, they are active in a full range of professional associations (e.g. the Commission for International Arbitration – ICC Czech Republic).

With respect to the protection of cross-border investments, our services include legal advice on the appropriate set-up or restructuring of holding structures and business activities of companies with the aim of securing the benefits of international investment protection agreements and assessing possible claims relating to a breach of such agreements. Our lawyers also have experience in representing clients against the state in investment arbitration relating to damages (ICSID).

In the area of international arbitration and investment protection, we provide the following services in particular:

  • Structured arbitration clauses
  • Resolving complicated commercial disputes
  • Dispute resolution and expert activities
  • Proceedings on termination, recognition, and execution of arbitration awards
  • Protection of cross-border investments – bilateral investment treaties (BITs)

We have already assisted clients with the following:

Post M&A international commercial arbitration (ICC) relating to a share purchase agreement

Representing a major international financial consulting group in ICC arbitration in a dispute relating to the purchase (M&A transaction) of a leading Czech financial consulting firm.

International commercial arbitration (ICC) relating to a dispute between shareholders

Advising an international pharmaceutical company in ICC arbitration in a dispute over the payment of a contractual penalty for breaching a shareholders agreement and confidentiality obligations.

Related international commercial arbitration (ad hoc) relating to a contract on the supply of goods

Advising a major engineering company in two ad hoc arbitration cases (one according to the UNICITRAL arbitration rules) in disputes over an agreement on the supply of public transport equipment.

Restructuring of a holding with respect to securing the international protection of investments

Advising a foreign company during the restructuring of its European holding structure and business activities due to securing international investment protection.

International investment arbitration (ICSID) relating to the forced exchange of government bonds

Advising two investors in a dispute against the state relating to damages in a multibillion investment arbitration case (ICSID).

Assessing claims relating to international investment protection

Assessing several possible claims relating to the breach of bilateral investment protection agreements.

Restrukturalizace holdingu s ohledem na zajištění mezinárodní ochrany investic

Members of the office also have experience in advising an insolvency administrator for an engineering supply company in ICC arbitration in a dispute arising from an agreement for renovating a part of a power plant with a claim for unjust enrichment.

Expert in Czech law in international arbitration (LCIA) in disputes between shareholders

Acting in the position of an expert in Czech substantive and procedural law in LCIA arbitration in a shareholders’ dispute relating to the restructuring of a major industrial engineering company that was declared bankrupt once again.

International commercial arbitration (ICC) relating to distribution contracts

Advising an operator of satellite broadcasting in ICC arbitration in a dispute with a TV broadcaster relating to rights under exclusive licences and the free movement of services on the common EU market.