
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.