Rostislav Pekař’s main practice focus is international and domestic dispute resolution, including investment arbitration, commercial arbitration and litigation. He also provides assistance in antibribery matters.

    Rostislav has been listed as a leading individual for dispute resolution in the Czech Republic in all major legal guides. For example, all annual editions of Chambers Europe since 2012 rank Rostislav in Band 1 for arbitration work. He was described as “the universal go-to guy in the field of investment disputes” and “an extremely knowledgeable, analytical adviser with a straightforward approach”.

    Rostislav has advised in a number of complex commercial and investment arbitration matters under the rules of the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC), the Vienna Arbitration Centre (VIAC), the United Nations Commission on International Trade Law Rules (UNCITRAL). Three of those cases involved claims of more than US$1 billion.

    Rostislav has also handled numerous court and arbitration proceedings in the Czech Republic. He chaired a committee for increased transparency and predictability of arbitration proceedings at the Prague-based Arbitration Court attached to the Economic Chamber and the Agrarian Chamber of the Czech Republic, where he also serves as a registered arbitrator.

    As part of his pro bono activities, Rostislav is the local partner of TRACE International, Inc., a nonprofit organization focused on enhancing antibribery compliance in international corporations.

    Award Mouse thought multimedia interface book medal screen monitor

    Construction Arbitration

    • Advised the City of Prague in a US$250 million arbitration under a contract governed by FIDIC regarding construction of a US$2 billion tunnel complex in Prague.
    • Lead counsel to the State of Libya in a pending €183 million construction arbitration filed by the company Guris Insaat ve Muhedislik before the ICC under the Turkey-Libya BIT.
    • 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.

    Energy Arbitration

    • Advising a Bulgarian company in an ICC arbitration against a gas supplier. The total value of claims and counterclaims is approximately US$500 million.
    • Advising a UK investor in an investment dispute with a Balkans country regarding investment in the oil and gas industry.
    • Advising 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, arise under the Energy Charter Treaty and several commercial agreements between Croatia and MOL (ICSID Case No. ARB/13/32).
    • Advised Russian investors in an investment dispute in the gas sector with a country in Central Asia regarding claims of more than US$3 billion. The case settled favorably for the client.
    • Advised KazMunayGaz in its investment dispute against Romania arising in connection with the attachment and threatened seizure of the investor's assets relating to allegations of corruption by their previous owner in the privatization process in 1990s.

    Stockholm Chamber of Commerce Arbitration

    • Lead counsel to a Finnish company in an SCC commercial arbitration against an Israeli supplier. The case settled favorably for the client.
    • Advised the Czech Republic in a US$40 million arbitration before the SCC regarding a UK national's investment in the telecoms sector. We obtained a full victory for the client and enforced the award on fees in the UK.

    International Commercial Arbitration

    • Advising a major French food company in a pending ICC arbitration regarding an M&A project in the Middle East.
    • 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 for a Czech company in an ICC arbitration against a UK company regarding breach of the seller's warranties under a share purchase agreement. The case settled favorably to the client.
    • Represented Czech Export Bank in a US$22 million international arbitration against a major US-based insurance company before the Vienna International Arbitration Centre. All claims were dismissed in October 2010 and Czech Export Bank was subsequently awarded the totality of its legal fees and costs.
    • Advised a Middle East-based telecommunications company in the quantum phase of an arbitration regarding a competitor's claim for US$200 million. In March 2011 the competitor was awarded less than 1.5% of the claimed amount.

    Investment Arbitration

    • 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)).
    • Advising 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.
    • 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.
    • Lead counsel for the Czech Republic in a €73 million UNCITRAL investment arbitration against a Germany-based real estate development company. All of the investor's claims were rejected and the client was awarded most of its legal costs.
    • Advised the Slovak Republic in its second UNCITRAL investment arbitration against the Dutch health insurance company Achmea. The arbitral tribunal dismissed all claims at the jurisdictional stage and awarded the Slovak Republic most of its legal costs.
    • Represented the Czech Republic in a US$65 million ICSID investment arbitration against Phoenix Actions Ltd. regarding an investment in a ferroalloys trading company (ICSID Case No. ARB/06/5). In April 2009 the tribunal dismissed all of the investor's claims and awarded the client the totality of legal fees and costs.
    • Represented the Czech Republic in a US$3.5 billion ad hoc investment arbitration regarding a failed bank. The case spanned more than seven years and involved an extensive due diligence of the bank and its off-shore holdings. The case ultimately settled for less than 5% of the amount claimed.
    • Lead counsel to 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)).
    • Represented a group of Russia-based companies in UNCITRAL investment arbitration against Mongolia regarding the imposition and enforcement of a windfall profit tax on gold production.

    Czech Arbitration and 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 at the first instance and on appeal. The matter is now pending before the Supreme Court.
    • Lead counsel to a major Czech bank in complex parallel proceedings regarding claims for damages raised by a former customer.
    • Acting as lead counsel to a leading telecommunications company in two administrative lawsuits against price regulation.
    • Advising the City of Prague in a major dispute against a sub-tenant. The case is pending before the Supreme Court following the dismissal of all of the sub-tenant's claims by the appellate court.
    • 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.
    • Acted as lead counsel to Czech Export Bank in an arbitration proceeding against a Mongolian debtor. The client was fully successful.

    Education

    • Harvard University, LL.M., 2006
    • Charles University in Prague, Mgr., 2001
    • University of Economics, Prague, Bc., 2000
    • Panthéon-Assas University, Diploma, 1999

    Admissions

    • Czech Republic, 2002
    • Paris Bar, 2017 (advokát under Directive 98/5/EC)

    Languages

    • Czech
    • English
    • French
    • Polish
    • Russian
    • Spanish
    • Member of the elite "Leading lawyers" list in The Legal 500 EMEA 2016 for Dispute Resolution, Czech Republic
    • Recognized in Who's Who Legal: Arbitration since 2016
    • Recommended as Band 1 international arbitration specialist in Chambers Europe since 2012
    • Recognized in the 2016-17 Best Lawyers in the Czech Republic for Arbitration and Mediation
    • Leading Individual in The Legal 500 EMEA 2015-2018
    • Recognized in Chambers Global since 2015 as a leading international expert on Dispute Resolution, Czech Republic, ranked Band 1 in 2018
    • Recommended in Chambers Europe since 2012

    {{insights.date}} {{insights.source}} {{insights.type}}
    Award Mouse thought multimedia interface book medal screen monitor