Hardback
Investment Arbitration in Central and Eastern Europe
Law and Practice
9781788115162 Edward Elgar Publishing
Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from the region. Despite their relevance, CEE experiences have not been analysed in a comprehensive manner. This book is the first of its kind to present an extensive collection of case law on investment arbitration within Europe. Contributors provide contextual analysis, taking political, economic and regulatory factors in to account, to create an accessible text for practitioners and scholars alike.
More Information
Critical Acclaim
Contributors
Contents
More Information
Central and Eastern Europe (CEE) is the testing ground for investment arbitration in Europe: the majority of the cases against EU Member States are proceedings launched against countries from within the region. Despite their relevance, CEE experiences have not previously been analysed in a comprehensive manner. This book takes a systematic country-by-country approach covering all the CEE jurisdictions. Each chapter provides detailed information and insight into the respective jurisdiction, setting out the policy and treaty landscape, the legal status of investor-state arbitration and alternative remedies. This is supplemented by a detailed analysis of the investor-state arbitration decisions in each country.
Key features include:
• the first comprehensive survey of investment arbitration in CEE countries
• written by leading practitioners and academics in their respective jurisdictions
• an insider perspective into CEE investment cases
• consideration of political, economic and regulatory factors
• a practical case-law oriented approach to investment arbitration within CEE.
Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries.
Key features include:
• the first comprehensive survey of investment arbitration in CEE countries
• written by leading practitioners and academics in their respective jurisdictions
• an insider perspective into CEE investment cases
• consideration of political, economic and regulatory factors
• a practical case-law oriented approach to investment arbitration within CEE.
Arbitrators and investment practitioners will benefit greatly from the comprehensive survey and detailed case analysis. The book will be invaluable for firms advising businesses with operations in the region, and for anyone involved in arbitral proceedings involving CEE countries.
Critical Acclaim
‘At an important moment in ISDS history, Nagy’s efforts are to be commended. The book brings together knowledgeable and strong CEE-focused expertise at a time when focusing on the CEE experience adds significant value to global debates. His goal of highlighting the “insider’s perspective” lends voice and credibility to the local viewpoints, adding key diversity to international debates on this topic. As a result, the book further offers contemporaneous and important commentary from “ground zero” and would be a valuable addition to the bookshelf of anyone focused on investment law, EU law, or ISDS.’
– Kiran Nasir Gore, Romanian Arbitration Journal
‘With over 20 contributors, Investment Arbitration in Central and Eastern Europe is a comprehensive volume which covers investment arbitrations in the context of each country’s unique economic, political and regulatory environment. Divided into 14 national chapters, the volume addresses each country’s treaty landscape, domestic legal status of investment arbitration, as well as case law. This volume is truly unique in that it is filled with the invaluable insight of practitioners with local expertise, providing contextual analyses.’
– Philippe Cavalieros, Simmons & Simmons LLP, France
‘This detailed practical resource covering the treaty practice and experience with investor-state arbitration across jurisdictions in Central and Eastern Europe (CEE) represents a rich source of information to be found nowhere else in this form. It puts the experience of CEE on the map as a unit of analysis in its own right.’
– Stephan Schill, University of Amsterdam, the Netherlands
– Kiran Nasir Gore, Romanian Arbitration Journal
‘With over 20 contributors, Investment Arbitration in Central and Eastern Europe is a comprehensive volume which covers investment arbitrations in the context of each country’s unique economic, political and regulatory environment. Divided into 14 national chapters, the volume addresses each country’s treaty landscape, domestic legal status of investment arbitration, as well as case law. This volume is truly unique in that it is filled with the invaluable insight of practitioners with local expertise, providing contextual analyses.’
– Philippe Cavalieros, Simmons & Simmons LLP, France
‘This detailed practical resource covering the treaty practice and experience with investor-state arbitration across jurisdictions in Central and Eastern Europe (CEE) represents a rich source of information to be found nowhere else in this form. It puts the experience of CEE on the map as a unit of analysis in its own right.’
– Stephan Schill, University of Amsterdam, the Netherlands
Contributors
Contributors: A. Andhov, I. Bimbilovski, K. Brocková, M. Čáp, Y. Cottrill, A.-M. Čuljak, R. Daujotas, I. Druviete, P. Flere, R. Griguolaite, G. Hajdu, J. Heyduk, V. Korom, C.I.Nagy, M. Olík, A. Petrov, W. Sadowski, Ē.K. Selga, K. Šimalová, E. Spiroska, C.-G. Stănescu, Ü. Talviste, P. Treder, Z. Víg, P. Živković, M. Župan
Contents
Contents:
Preface
Introduction: Intra-EU BITs after Achmea – a cross-cutting issue 1
Csongor Istv.n Nagy
1. Bosnia and Herzegovina 14
Patricia ŽivkovicÅL and Yancy Cottrill
2. Bulgaria 24
Anton Petrov
3. Croatia 68
Mirela Župan and Ana-Marija Čuljak
4. Czech Republic 95
Miloš Ol.k, Michal Č.p and Jaroslav Heyduk
5. Estonia 137
.llar Talviste
6. Hungary 156
Veronika Korom
7. Latvia 220
Inese Druviete and Ēriks K. Selga
8. Lithuania 237
Rimantas Daujotas and Rita Griguolaite
9. Macedonia 261
Ivan Bimbilovski and Elizabeta Spiroska
10. Poland 283
Patrycja Treder and Wojciech Sadowski
11. Romania 368
Cătălin-Gabriel Stănescu
12. Serbia and Montenegro 413
Zolt.n V.g and G.bor Hajdu
13. Slovakia 438
Alexandra Andhov, Katar.na Brockov. and Katar.na Šimalov.
14. Slovenia 508
Pavle Flere
Index 529
Preface
Introduction: Intra-EU BITs after Achmea – a cross-cutting issue 1
Csongor Istv.n Nagy
1. Bosnia and Herzegovina 14
Patricia ŽivkovicÅL and Yancy Cottrill
2. Bulgaria 24
Anton Petrov
3. Croatia 68
Mirela Župan and Ana-Marija Čuljak
4. Czech Republic 95
Miloš Ol.k, Michal Č.p and Jaroslav Heyduk
5. Estonia 137
.llar Talviste
6. Hungary 156
Veronika Korom
7. Latvia 220
Inese Druviete and Ēriks K. Selga
8. Lithuania 237
Rimantas Daujotas and Rita Griguolaite
9. Macedonia 261
Ivan Bimbilovski and Elizabeta Spiroska
10. Poland 283
Patrycja Treder and Wojciech Sadowski
11. Romania 368
Cătălin-Gabriel Stănescu
12. Serbia and Montenegro 413
Zolt.n V.g and G.bor Hajdu
13. Slovakia 438
Alexandra Andhov, Katar.na Brockov. and Katar.na Šimalov.
14. Slovenia 508
Pavle Flere
Index 529
