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Mediace investičních sporů – sci-fi nebo předpověď

Nejnovější příspěvek JUDr. Martina Svatoše, Ph.D. se věnuje problematice mediace investičních sporů. V angličtině si jej můžete přečíst zde.   It is the year 2036. The 26th Investment Arbitration Day is held in Prague. Good a half of the discussions is dedicated to different issues related to mediation of the investment disputes. They are, however, not regarded as an outlandish, but rather as an up-to-date topic. Indeed, there is only a couple of BIT and trade agreements that do not contain an efficient and working system enabling mediation and other consensus based procedures prior to arbitration. The agreed settlements concluded with the help of respected professional mediators are respected both by states and investors and in those rare cases, when the enforcement is needed, parties profit from the New York Convention II on the enforcement of mediated settlement agreements adopted back in 2020. Furthermore, the public does not consider the investment dispute resolution system as serving to the unjustified enrichment of the multinational corporation. The arbitration, that remains the dominant tool used to the investor-state disputes’ resolution has got back its deserved respect… It is about time to move up a gear… Are the previous lines rather sci-fi or more or less accurate prediction? There would be different opinions held by the supporters and opponents of mediation in investor-state disputes. The both groups would, however, agree on one thing: We are still far away from this happening. In recent days and months, one could witness a series of events being able to show that there

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