|Opis:||This thesis deals with resolving international investment disputes between companies and countries. The first part explains international investments and how globalisation affects their increase. It discusses a number of ways to resolve investment disputes, such as host country's court, mediation, arbitration, early dispute assessment and the International Centre for Settlement of Investment Disputes (ICSID).
Furthermore, it provides a brief description of international treaties, especially trade treaties, and focuses on the Transatlantic Trade and Investment Partnership (TTIP), which also covers the protection of foreign investment. However, the main purpose of the thesis is to present the proposals concerning the resolution of international investment disputes as provided for by the treaty.
The first point of interest is the initial proposal of the European Commission, i.e. investor-state dispute settlement (ISDS), and its main features and criticisms. It touches on forum shopping and unequal treatment of domestic and foreign investors, discusses the aspects of transparency of the proposed system, the composition and selection process of the arbitral tribunal, and costs.
For clarity, the thesis also presents some of the most important arbitration cases, especially those involving the USA. The final part provides information about some of the resolved cases. The findings indicate that states are more successful in arbitration procedures than investors.
In addition, it presents a more recent proposal of the Commission to replace ISDS, i.e. to establish an Investment Court System (ICS) that would introduce many changes, which are also described in detail. They involve the introduction of investment protection standards, the right of countries to regulate, the establishment of the Appeal Tribunal, restricting forum shopping, cost-related and procedural improvements, and the introduction of special provisions relating to small and medium-sized companies.|