On 6 March 2018, the Court of Justice of the European Union (CJEU) ruled that the arbitration clause contained in the Agreement on the Promotion and Reciprocal Protection of Investments concluded between the Czech and Slovak Federative Republic and the Kingdom of the Netherlands is incompatible with European Union law, i.e. that the arbitration clause is inapplicable.
It is to be expected that the CJEU may come to a similar conclusion with other similarly formulated investment protection agreements concluded by the Czech Republic, and that in case of a dispute, investors from the contracting states would therefore lose the opportunity to use international arbitration under the given clause.
The CJEU justified its decision by the fact that with the arbitration clause the parties established a dispute settlement mechanism which is incapable of ensuring that potential disputes will be heard by a court belonging to the European Union's judicial system. The Arbitral Tribunal cannot be regarded as a "court of a Member State" within the meaning of Article 267 of the Treaty on the Functioning of the European Union and is therefore not entitled to request a preliminary ruling from the CJEU. The Member States thus excluded from the jurisdiction of their own courts, and thus also from the systems of judicial remedies required under Article 19 of the EU Treaty in the areas covered by Union law, disputes which might concern the application or interpretation of Union law and, therefore, have made it impossible for the CJEU to exercise its power as regards resolving issues of EU law.
The team from the Slovak office of Dvořák Hager & Partners has published a new book entitled: The Law on Cross-border Cooperation in the Posting of Employees. The book's co-authors (Bernhard Hager, Jana Sapáková, Natália Jánošková and Katarína Liebscherová) set out to prepare a comprehensive commentary to the law (Act No. 351/2015 Coll., on Cross-border Cooperation in the Posting of Employees to Perform Work in the Provision of Services). Readers will therefore receive an objective interpretation and description of individual provisions. The book can also serve as a guide for domestic and foreign employers to meet the obligations imposed by the law. It also provides practical examples in which the authors illustrate specific situations for a better understanding of the issues. The book is intended primarily for entrepreneurs, employers, corporate executives and HR staff. Of course, we also recommend it to the general professional public.
Moot Court DHP
The Dvořák Hager & Partners law firm has announced the 2nd annual "MOOT COURT DHP" competition for law school students, in which participants take part in mock trials.
The competition aims to give students experience representing clients in court, both in the hearings stage and in the preparatory stage, including communication with the client and preparation of trial strategy. In addition to theoretical knowledge, the competition emphasises a practical approach to problem-solving and the ability to communicate in litigation with a client.
The competition is organised by Jan Krampera, the head of the litigation department, and his colleagues Tereza Dosedělová, Paulína Macháčová and Vojtěch Faltus.