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) and 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 and chairs the Arbitration Commission of the Czech National Committee of the International Chamber of Commerce.

    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.

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    International Commercial Arbitration

    • Advising a major French food company in a pending ICC arbitration regarding an M&A project in the Middle East. The arbitration proceedings are in the French language.
    • Advising the seller of a cement plant in an ICC arbitration regarding claims for adjustment of the purchase price due to the buyer’s violation of the SPA.
    • Advising the employer in a construction arbitration regarding a complex project for building a power plant in the Balkans.
    • 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 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.
    • Lead counsel to a Finnish company in an SCC commercial arbitration against an Israeli supplier. The case settled favorably for the client.

    Investment Arbitration

    • 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)).
    • 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.
    • 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).
    • 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 a Montenegrin-Kosovar double national regarding a dispute over investment in a telecom company.
    • Advising Costa Rica in an 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)).
    • Advising Ecuador in a UNCITRAL arbitration arising under the US-Ecuador BIT in connection with a services contract in the energy sector.
    • 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 investor’s claims were rejected.
    • 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 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.

    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.

    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
    • Listed as a Star Individual by Chambers Global 2021
    • Named an exclusive winner of the 2020 Client Choice Awards in the Arbitration & ADR category in the Czech Republic
    • Recognized in Who’s Who Legal: Arbitration 2021 in the Arbitrator and Counsel category – Czech Republic
    • Recognized in Chambers Europe 2020 for Czech Republic – Dispute Resolution: Arbitration Counsel in Band 1
    • Recognized in The Legal 500 Europe, Middle East & Africa 2019 for Czech Republic – Dispute Resolution as Leading Individual
    • Recognized in Chambers Europe 2019 for Czech Republic – Dispute Resolution: Arbitration Counsel in Band 1
    • 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 a 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
    • Recommended in Chambers Europe since 2012

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