POKOJNÉ ŘEŠENÍ SPORŮ V MEZINÁRODNÍM PRÁVU

CHAPTER 11 Settlement of international investment disputes in relation to multinational corporations Milena Nosková The chapter focuses on the issue of settlement of international investment disputes with regard to specific traits of multinational corporations as investors. In the first part of the paper, the issue of legal personality and nationality of multinational corporati- ons as parties to international investment disputes. The subject matter of the second part of the paper is analysis of concrete procedural issues that arise within the context of “traditional” mechanisms for settlement of international investment disputes, in particular within settlement of disputes before ICSID as well as within ad hoc settle- ment of disputes. CHAPTER 12 The Impact of Non-Satisfaction of Pre-Arbitration Requirements on Arbitration Proceedings Monika Feigerlová The chapter addresses contractual clauses on amicable settlement of disputes in the context of international commercial or investment arbitration. The failure to comply with a mandatory pre-arbitration requirement (conciliation, mediation, negotiation or waiting periods, etc.) can, in the worst case scenario, lead to the lack of tribunal’s jurisdiction to decide on the matter at hand or to the annulment of arbitral award ren- dered in such proceedings. Despite the seriousness of the questions and its potential impact for the parties neither international arbitration practice nor national case law has been harmonized. CHAPTER 13 Contribution of the UN Convention on the Law of the Sea to the Settlement of Disputes in International Law Jan Ondřej As for the dispute settlement in the Law of the Sea. According to article 279 of the UN Convention on the Law of the Sea of 1982 states parties shall settle any dispute between them by peaceful means. States parties may choose means for the settlement of disputes concerninng the interpretation and application of the Convention on the Law of the Sea. States shall be also free to choose means for the settlement of dispu- tes included in the Convention. There are four different procedures for compulsory

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