Rostislav Pekař

Investment Arbitration

• Lead counsel to the State of Libya in a €183 million arbitration relating to a construction project filed by the company Guris Insaat ve Muhendislik under the Turkey-Libya BIT before the ICC. All of the claimant's claims were rejected and Libya was awarded most of its costs.
• Counsel to the Republic of Costa Rica in US$100 million ICSID arbitration arising under the Venezuela-Costa Rica BIT in connection with investment in a meat processing factory (Alejandro Diego Díaz Gaspar v. Republic of Costa Rica (ICSID Case No. ARB/19/13)). In July 2022, the case was won, when the Tribunal rejected the totality of the claimant’s claims.
• Lead counsel for Estonia in an ICSID arbitration arising under the Netherlands-Estonia BIT in connection with regulation of water tariffs in the Estonian capital Tallinn (United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Estonia (ICSID Case No. ARB/14/24)). All of the claimants' claims were rejected and Estonia was awarded most of its costs.
• Lead counsel to the State of Libya in a pending €52 million construction arbitration filed by the company Nurol Insaat ve Ticaret before the ICC under the Turkey-Libya BIT.
• Lead counsel to the State of Libya in a pending US$61 million construction arbitration filed by the company Ustay Yappi Taahhut ve Ticaret before the ICC under the Turkey-Libya BIT.
• Advising Romania in a pending ECT arbitration regarding changes in subsidies for generation of renewable energy (Kelag – Kartner Elektrizitats et al. v. Romania (ICSID Case No. ARB/21/54)).
• Advised the Slovak Republic in a UNCITRAL investment arbitration arising under the Poland-Slovakia BIT in connection with an alleged indirect expropriation of a company producing mineral water (Spółdzielnia Pracy Muszynianka v. Slovakia). All of the investor's claims for damages were rejected.
• Advised Croatia in an investment arbitration against the Hungarian oil and gas company MOL in connection with the privatization and operation of the Croatian oil and gas company INA. The claims, worth in excess of US$1 billion, arose under the Energy Charter Treaty and several commercial agreements between Croatia and MOL (ICSID Case No. ARB/13/32). The Tribunal rejected most of the claimant's claims on the merits and awarded the claimant less than 20% of the amount claimed.
• Advised the Slovak Republic in an ICSID arbitration arising under the US-Slovakia BIT and Canada-Slovakia BIT in connection with an alleged expropriation of a talc mine in Slovakia (EuroGas Inc. and Belmont Resources Inc. v. Slovakia (ICSID Case No. ARB/14/14)). All of the investors' claims were rejected for lack of jurisdiction.
• Advising Kosovo in an investment arbitration against a Croatian-Kosovar double national regarding a dispute over the assets and concessions of a privatized company.
• Advising Kosovo in an investment arbitration against an Estonian company regarding cancellation of a banking license for breach of prudential regulations.
• Advising Kosovo in an investment arbitration against an alleged Montenegrin-Kosovar double national regarding a dispute over investment in a telecom company.
• Advising Ecuador in a UNCITRAL arbitration arising under the US-Ecuador BIT in connection with a services contract in the energy sector.
• Advising Latvia in a UNCITRAL arbitration arising under the Energy Charter Treaty in connection with the sale of electricity by cogeneration plants established in the country (RSE Holdings AG (Switzerland) v. Latvia (PCA Case No. AA861)).
• Advising the Slovak Republic in an ICSID arbitration arising under the US-Slovakia BIT in connection with an alleged expropriation of the claimant’s investment in oil and gas exploration in Slovakia (Discovery Global LLC v. Slovakia (ICSID Case No. ARB/21/51)).
• Advising Canadian and Cyprus investors in a pending ICSID arbitration against Serbia regarding expropriation of an agricultural company (Rand Investments and others v. Serbia (ICSID Case No. ARB/18/8)).
• Lead counsel to a group of Canadian and Cypriot investors in an investment arbitration regarding indirect expropriation of construction land in the city centre of Belgrade (Coropi Holdings and others v. Serbia (ICSID Case No. ARB/22/14)).

International Commercial Arbitration

• Lead counsel to a Czech manufacturing company in a pending ICC arbitration against a Canadian supplier of casting technology.
• Advised a major French food company in an ICC arbitration regarding an M&A project in the Middle East. The client prevailed.
• Lead counsel for the buyer of a Czech heavy manufacturing company in an ICC arbitration regarding the seller's claims for damages due to alleged breaches of the SPA.
• Lead counsel for a Finnish company in a UNCITRAL arbitration against a Central European country regarding alleged breaches of an offset agreement. The client prevailed in the dispute.
• Lead counsel for a Czech company in an ICC arbitration against the Czech subsidiary of a listed UK company regarding an M&A dispute. The case settled favorably for the client.
• Lead counsel to a Finnish company in an SCC commercial arbitration against an Israeli supplier. The case settled favorably for the client.

Czech Litigation

• Lead counsel to a US investor suing for return of real estate worth in excess of US$100 million, which was unlawfully included in the bankruptcy estate of its previous owner. The client was fully successful.
• Lead counsel to a major Czech bank in complex parallel proceedings regarding claims for damages raised by a former customer.
• Acted as lead counsel to a US real estate investor in a series of complex litigation against a local partner. The client won all claims.