Fynerdale v. Czech Republic: Pragmatic View on Illegality Objection in Investment Arbitration

Abstrakt

The article elaborates on the issue of legality of investment with doctrinal and case law reflections of the illegality objection whilst considering a recent PCA decision involving the Czech Republic in Fynerdale v. Czech Republic: Pragmatic View on Illegality Objection in Investment Arbitration.

The article emphasizes, among other things, the good practice of conducting a virtual oral hearing, including the taking of evidence by a witness.

Klíčová slova

• legality requirement
• legality of investment
• illegality
• definition of investment
• taking evidence