What

Practice areas:

  • International investment arbitration and investment protection (representing clients and general counselling, protection of Czech a foreign investors, evaluating legal and political risks before making an investment abroad)
  • General public international law (The law of treaties, state responsibility, international organizations, the law of state immunities )
  • International commercial arbitration (representing clients and general counselling, guerilla tactics etc.)

  • Consultation and drafting of arbitration agreements

  • Enforcement of arbitral awards and other decisions and defences thereto
  • Private international law (jurisdiction, contracts, torts, trusts etc.)
  • International commercial contracts (drafting, revision and recommendations to improve their text)
  • International economic law (namely the WTO law)
  • International human rights litigation (namely the ECHR)
  • International insolvency
  • International sales (namely CISG)
  • International transport
  • International maritime law
  • International law of cultural heritage
  • International arms trade
  • International environmental law
  • The European Union law (competition, freedom of establishment, consumer protection, state aid, relation to international and national laws)
  • Compliance of documents and processes with internal, EU and international laws
  • Legal aspects of the so-called Brexit (choice-of-court and -law clauses entered into before Brexit, restructuring to the UK in order to gain investment protection)
  • Domestic law responsibility for wrongful administrative procedure and exercise of public power
  • Pursuing international law before national courts
  • Drafting documents and writing expert reports in the above areas
  • Co-counselling and assisting other legal offices in matters concerning the above areas

Experience:

  • Representing a client in investment treaty arbitration related to the aviation industry
  • Acting as of-counsel in two investment arbitrations related to the automobile industry
  • Advising in an investment arbitration related to a building project
  • Advising a Czech company on feasibility of commencing arbitration and enforcing the award against a Middle East state enterprise (under the European Bank for Reconstruction contract scheme)
  • Advising on validity and consequences of a "pathological" arbitration clause referring to the ICC arbitration
  • Advising a Polish company resisting annulment of an arbitral award in the Czech Republic
  • Advising on the nationality of an arbitral award rendered in Austria, the annulment of which was refused by the Czech courts
  • Advising a client on resolution of the conflict between domestic and foreign arbitral award under the New York Convention

  •  Assessing legal aspects of the establishment of a Czech company in France, including the consideration of the suitability of this legal form of establishment; tax issues; and legal analysis of the contracts with local distributors

  • Advising on a sale contract between a Czech buyer and a Chinese producer, including a letter of credit and a dispute resolution clause
  • Advising on a reclamation of the wrong health conditions of a horse bought by a Czech buyer from a German seller
  • Advising on drafting of a framework contract between Czech company and the Middle East state enterprise concerning delivery of train chairs
  • Advising a Czech client regarding the cross-border divorce with a Greek citizen
  • Advising in a number of child abduction cases under the Hague Child Abduction Convention
  • Advising a Czech client on the matrimonial property regime where property located in more countries
  • Creating business terms for a company registered in an Asian country involved in the so-called binary options offered in the Czech Republic
  • Representing a client against an off shore company enforcing a debt against the former
  • Providing an opinion on the legal nature of "memoranda" between the US and Czech audit authorities (related to the so called Sarbanes-Oxley Act)
  • Co-authoring of a reply to the Court of Justice of the EU in the matter of preliminary ruling in the field of private international law
  • Advising on the application of the EU Directive on Unfair Contract Terms in Czech insolvency proceedings
  • Advising on law applicable to a heritage case with an international element, in which immovable property was located in a number of countries
  • Providing an opinion on legality of possession of certain arms under international humanitarian law
  • Advising on whether a particular rule of the former Czech company law formed part of international mandatory rules under the Czech private international law as lex fori
  • Being involved in preparing the transposition of the EU Directive on the damages for infringement of EU and national competition law in the Czech Republic
  • Enforcing a monetary claim against a Dutch car dealer
  • Advising a Czech company on the law governing the limitation period of the claim arising from a breach of a turnkey contract against an Italian company (within an international commercial arbitration context)

Legal rules:

Public international law:

  • CMR; European Convention on Human Rights; Child Abduction Convention; New York Convention on recognition and enforcement of foreign arbitral awards; UN Convention on International Sale of Goods; Vienna Convention on the Law of Treaties; Czech-Cyprus BIT; Czech-German BIT; Czech-UK BIT; Czech-Swiss BIT; The Draft Articles on International State Responsibility.

National laws:

  • Austrian Law, Czech Law, French Law, Italian Law, Israeli Law, English Law, Kazak Law, Luxembourg Law, Dutch Law, Slovak Law, UK Law.

Law of the European Union:

  • Treaty on the Functioning of the EU, European Insolvency Regulation, Brussels I Regulation /old and new/, Brussels II Regulation bis.

Arbitration rules:

  • ICC; ICSID; SCC; Prague Arbitration Court; UNCITRAL Arbitration Rules 1976 and 2010;
  • VIAC Rules.

Others:

  • INCOTERMS; UNIDROIT Principles.