Despite the still prevailing and uncertain pandemic restrictions at the verge of 2021, Comenius University in Bratislava, Faculty of Law, was able to host the second edition of the conference organised as part of the research project APVV-18-0199 “New Challenges in the field of Rights in Rem in Slovakia (“Nové výzvy v oblasti vecných práv na Slovensku”). The conference was held on 3 to 5 September 2021 at Chateau Belá for the second time, as well.

No abstract

The paper aims to track the traces of moral rights in common law, since it is a usual misconception that common law system of copyright protection is incompatible with the moral rights and the rights were consequently adopted to formally satisfy the international legal framework. The paper firstly outlines the regulatory context in which the rights comparable to continental jurisdictions had the chance to be acknowledged. Then it proceeds to an analysis of doctrinal sources as well as case-law of the highest judicial authorities that have touched upon these questions and developed comparable solutions to the jurisdictions traditionally protecting moral rights.

The aim of the paper is to examine the so-called doctrine of clean hands frequently utilized as a defence in Investor-State arbitration procedures under international investment agreements in cases, where the law of the host State has been violated. The paper thus provides a historical and comparative context of the doctrine at hand stemming from the common law tradition. Furthermore, it scrutinizes the status of the doctrine under contemporary international law by analysing the scholar views, as well as the jurisprudence of international bodies.

Apart from international arbitration, where common state approaches may be seen, e.g. in the field of recognition and enforcement of arbitral awards, some contributions focus on national arbitration, which can bring a comparative point of view of arbitration in different states. Several contributions relate to investment arbitration, in particular, following the Achmea decision. From the most up-to-date topics, some papers are devoted to the COVID-19 pandemic or blockchain technology and their impact on arbitration. Also, the so-called Macao arbitration framework statutory established in 2020 by China will be presented. Traditional topics such as determining the applicability of non-state body of law or rules of law in arbitration or the institute of public policy exception are also included. Arbitration and the issue of double taxation may also bring attention and be beneficial to conference diversity.respective obligations are discussed.